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Komiti Māori

Mary-Anne Macleod Chief Executive

5 December 2017

NOTICE IS GIVEN

that the next meeting of the Komiti Māori will be held in Omaio Marae, Omaio Pa Road (off State Highway 35), Omaio on:

Tuesday, 12 December 2017 commencing at 10.30 am.

Please note: a pohiri will take place at 10.00 am. prior to commencement of the hui.

BOPRC ID: A2460603

Komiti Māori Terms of Reference The Komiti Māori has the core function of implementing and monitoring Council’s legislative obligations to Māori.

Delegated Function To set operational direction for Council’s legislative obligations to Māori and monitor how these obligations are implemented. This will be achieved through the development of specific operational decisions which translate legislative obligations to Māori into action.

Membership Three Māori constituency councillors and three general constituency councillors (the membership of the general constituency councillors to be rotated every two years), and the Chairman as ex-officio.

Quorum In accordance with Council standing order 10.2, the quorum at a meeting of the committee is not fewer than three members of the committee.

Co-Chairs to preside at meetings Notwithstanding the Komiti Māori has an appointed Chairperson, Māori Constituency Councillors may host-Chair committee meetings that are held in the rohe of their respective constituency.

Term of the Committee For the period of the 2016-2019 Triennium unless discharged earlier by the Regional Council.

Meeting frequency Two-monthly.

Specific Responsibilities and Delegated Authority The Komiti Māori is delegated the power of authority to:

• Monitor Council’s compliance with its obligations to Māori under the Local Government Act 2002 and the Resource Management Act 1991;

• Approve actions to enhance Māori capacity to contribute to Council’s decision-making processes for inclusion in the development of the Long Term Plan;

• Recommend to Council effective Maori consultation mechanisms and processes;

• Identify any relevant emerging issues for the region relating to the principles of the Te Tiriti o Waitangi, legislative obligations to Māori under different statutes and programmes to build the capability of Māori;

• Facilitate tangata whenua input into community outcomes, Council policy development and implementation work;

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BOPRC ID: A2460603

• Formally receive iwi/hapū management plans;

• Make submissions on Māori related matters, except where the submissions may have a wide impact on Council’s activities, in which case they might be handled by the Regional Direction and Delivery Committee or Council;

• Establish subcommittees and delegate to them any authorities that have been delegated by Council to the Komiti Māori and to appoint members (not limited to members of the Komiti Māori);

• Approve its subcommittee’s recommendations for matters outside the subcommittee delegated authority;

• Recommend to Council the establishment of advisory groups to represent sub-region or constituency areas and to consider specific issues.

Note:

The Komiti Māori reports directly to the Regional Council.

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Membership

Chairperson: A Tahana

Deputy Chairperson: T Marr

Councillors: W Clark, D Love, M McDonald, L Thurston

Ex Officio: Chairman D Leeder

Committee Advisor: M Stensness

Recommendations in reports are not to be construed as Council policy until adopted by Council.

Agenda

1 Opening Karakia

2 Apologies

3 General Business and Tabled Items

Items not on the agenda for the meeting require a resolution under section 46A of the Local

Government Official Information and Meetings Act 1987 stating the reasons why the item was not

on the agenda and why it cannot be delayed until a subsequent meeting.

4 Declarations of Conflicts of Interests

5 Previous Minutes

5.1 Komiti Maori minutes - 10 October 2017 9

6 Presentations

6.1 Ōmaio Tangata whenua – Hapū Development and Projects awareness and updates

7 Reports

7.1 Toi Moana Komiti Maori 2017 21

7.2 Regional Policy Statement Implementation - Mauri Model and Iwi Perceptions Survey 29

APPENDIX 1 - Boffa Miskell Method 44 Mauri Model Report, August 2017 37

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APPENDIX 2 - Iwi Perceptions Survey Questions, December 2017 81

7.3 Update on Te Mana o Te Wai 95

7.4 Update on Treaty claims and settlements in the Bay of Plenty 101

APPENDIX 1 - LGNZ - Treaty Settlement Costs Report 107

7.5 General Manager Strategy and Science Update 151

APPENDIX 1 - Komiti Maori Actions for 12 December 2017 161

APPENDIX 2 - He Toka Tumoana scholarship poster 167

8 Consideration of General Business

9 Open forum

A short period of time will be set aside at the conclusion of the meeting to enable tangāta whenua

and members of the public to raise matters. Any matters raised and the time allowed for each

speaker will be at the discretion of the Chair.

No decisions can be made from matters raised in the Open Forum.

10 Closing Karakia

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Previous Minutes

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Minutes of the Komiti Māori Meeting held at Waiteti Marae, 30 Waiteti Road, Ngōngōtaha, Rotorua on Tuesday, 10 October 2017 commencing at 9.30 a.m.

Click here to enter text.

Chairman: A Tahana

Deputy Chairman: T Marr

Councillors: L Thurston, M McDonald, D Love, W Clark

Ex Officio: Chairman D Leeder

In Attendance: Toi Moana-BOPRC: F McTavish (General Manager Strategy and

Science) K O’Brien (Strategic Engagement Manager), A Vercoe (Māori Policy Team Leader) K Heitia (Strategic Engagement Coordinator), S Hohepa, K Pihera-Ridge (Māori Policy Advisors), N Capper (Pou Ngaio Technical/Cultural), N Heitia (Assistant Mātauranga Māori Framework), E Sykes (Community Engagement EEF Coordinator) L Tauroa (Internal Services Officer), S Grayling (Biosecurity Team Leader), A Bruere (Lakes Operation Manager), S Kusabs (Land Management Officer), J Mackle (Regulatory Compliance Officer), H Ngatai (Marketing & Communications Advisor), N Ridler (Community Engagement), M Stensness (Committee Advisor)

Tangata Whenua: E George, G Ngatai, T Conwell, M Ngatai, T

Palmer, WH Colbert, L Bidois, U Fairhall, S Tana, J Tahana, R Clarke, TP Newton, M Tapsell, W TeMoni, R Hona

Te Arawa Lakes Trust: N Douglas (Manager Environment), R

Meha (Te Tatau o Te Arawa, Te Puni Kokiri) Rotorua Lakes Council: J Riini, D Bly, R Hiha-Agnew

Apologies: Chairman D Leeder (late arrival), W Haumaha (Chairman of Te

Waiteti Marae), G Mohi, K Biddle

1 Pōhiri/Welcome

A pōhiri took place at 9.30 am prior to commencement of the meeting at 10:30 am.

2 Karakia

Mr Eru George opened with a karakia.

3 Chairman’s Mihi

Councillor Tahana acknowledged Mr G Ngatai of Ngāti Ngāraranui, Ngāti Rangiwewehi and te hau kainga for hosting the Komiti Māori hui. Councillor Tahana emphasised the importance of the wai-water for Te Arawa whānui – he taonga nui tenei mea te wai,

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Komiti Māori Tuesday, 10 October 2017

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ehara ma Ranginui raua ko Papatūanuku te raru, ma tatou katoa e whakatika i te wai. He korero whakatauaki - Ko wai koe, ko te wai koe - Ko Au te Wai, Ko te Wai ko Au.

4 Apologies

Resolved

That the Komiti Māori: Accepts the apologies of Chairman Leeder (late arrival), W Haumaha 1

(Chairman of Te Waiteti Marae), G Mohi and K Biddle tendered at the meeting.

Tahana/Thurston CARRIED

5 General Business and Tabled Items

It was noted that Toi Moana-BOPRC Lakes Operation Manager A Bruere requested to update members and tangāta whenua on phosphorous locking and resource consents consultation.

6 Declaration of conflicts of interest

Nil

7 Previous Minutes

Resolved

That the Komiti Māori: Confirms the Komiti Māori minutes of 23 August 2017 as a true and correct 1

record.

Clarke/McDonald CARRIED

8 Presentations

8.1 Ngāti Ngāraranui – Hapu development on the Waiteti Stream Refer Power Point Presentation Objective ID A2723945 Mr G Ngatai provided insight into the whakapapa-genealogy interconnect between Ngāti Ngāraranui, the whenua-land, awa-river and traditional taonga; i.e localised streams, waahi tapū-sacred pā sites and waahi tūpuna-ancestral cultural site within their rohe-area. Mr Ngatai highlighted the following concerns:

environmental and cultural degradation of the Waiteti and Waimihia streams due to discharge of phosphorus and nutrient run off;

consequential 100 metre radius of thick sediment build up at the mouth of Waitetī stream;

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restricted access to waahi tapu-sacred areas (i.e six sacred pā), waahi tūpuna-ancestral areas (i.e Wai oro toki) and waahi puna wai-spring water areas;

negative impact of biodiversity of the awa-river including loss of customary fishing grounds and kai - tau koura-freshwater crayfish, tau kupenga, tau hohorō and tau inanga (juvenile fish);

loss of flora and fauna within four (4) key wetlands (Okuraroa, Te Kopua, Te Akaaka, Te Pohue);

requested proactive monitoring, more data collection and access to scientific evidence to identify the source of paru-pollution/degradation; and

lack of putea-money/funding.

Mr Ngatai recognised the mahi-work undertaken by Toi Moana-BOPRC but expressed a desire for direct and meaningful consultation with regard to co-management solutions around conservation and protection of taonga, the taiao-environment and the wai-water. It was noted that other hapū in attendance agreed with Ngāti Ngāraranui’s position.

Councillor Tahana and members acknowledged Ngāti Ngāraranui for the “on the ground” korero filtered through to Komiti Māori. Members re-iterated their commitment to empower hapū and iwi to protect the wai and taonga but that it could take between 60 and 100 years to restore. It was noted that Councillor Tahana be notified of the next hui to be held by Ngāti Ngāraranui and that General Manager Strategy and Science Ms F McTavish would provide an updated report of the above matters for the next Komiti Māori hui.

8.2 Te Kōmiro o te Ūtuhina – A collective approach to restore Te Ūtuhina Stream Refer Power Point Presentation Objective ID A2723942

Ms L Kereopa and Mr G Allen of Te Kōmiro o te Ūtuhina Kaitiaki Roopu provided members with some historical background of life growing up in Ōhinemutu, Te Tokaparua, Te Puaringa and Te Ūtuhina streams in comparison with life now. Ms Kereopa and Mr Allen summarised the issues as:

Sediment build up and paru-pollution of the awa-river in 2016 (blockage from kuirau park, released into Te Ūtuhina)

Two summers tangāta whenua had been unable to swim in the awa-river - Te aukati ki te kaukau kurupae – cautionary/no swimming signs;

Degradation of customary fishing and gathering grounds - kāpata kai-food source non-existent in Te Ūtuhina stream (i.e koura);

Kai-food had disappeared over two generations - our children have never been able to feed themselves from our awa-river;

Oil slicks coming from the industrial area and queried what monitoring was in place;

Management and monitoring practices of water quality and eradication of weeds by Toi Moana-BOPRC;

Removal of taonga-fishing rocks without consultation;

Lack of fresh water flowing into Te Ūtuhina stream.

G Allen expressed a desire to work together to find solutions for monitoring water quality, the regeneration of kai moana (i.e koura), the eradication and control of harmful weeds and the restoration of the stop banks along the awa-river.

Councillor Tahana – Tēnei ra te mihi nui kia kōrua mō to kōrua whakāturanga, kei te tika kōrua, karawhiua mai ngā pātai me ngā wero hoki kia mātou, otirā kia tātou, ngā

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mihi kia korua mo tera – acknowledged presenters and that Komiti Māori was the right forum to raise those concerns.

The Komiti was informed that Toi Moana-BOPRC regularly monitored Te Ūtuhina stream for ecoli and that swimming was cautionary in that area. Members and tangata whenua were advised that Toi Moana-BOPRC had upcoming environmental projects that included the church and improving biodiversity work, geothermal activity and exploring economic opportunities within Ōhinemutu. It was noted that Mr Allen and Te Kōmiro o Te Ūtuhina be notified of further meetings to be held between Toi Moana-BOPRC and the church.

Resolved

That the Komiti Māori:

1 Commission Toi Moana-BOPRC staff to write an urgent status report on all the local urban streams flowing into Lake Rotorua area to be tabled at the next Regional Council Delivery and Direction Committee meeting.

Thurston/Tahana CARRIED

8.3 Ngāti Rangiwewehi – Ko Te Awahou mātou, ko mātou te awahou Ms L Bidois from Ngāti Rangiwewehi acknowledged Ngāti Ngāraranui and advised members that:

whakapapa-genealogy interconnected Te Arawa and hapū to all the local streams and waterways;

Ngāti Rangiwewehi were working with GNS organisation on the Ka Tu Te Taniwha project – 2nd stage;

wānanga were held to define kaitiaki - created a model of kaitiakitanga around the protection of the wai-water;

the Iwi Management Plan (‘IMP’) included soil quality, water quality expectations and kaitiakitanga - define your own Tino Rangātiratanga;

Ngāti Rangiwewehi needed more tautoko-support to look after their champions;

our tamariki-children were instrumental - teaching our tamariki stories of our awa normalised caring for and looking after the taiao-environment and the importance of the wai; and

A wero-challenge was issued to Toi Moana-BOPRC to start delivering objectives from the IMPs.

Councillor Tahana - ngā mihi atu kia koe Leanne otira kia Gina hoki, mohio nei ana ahau koia tetahi o ngā poutokomanawa mo tenei take te tiaki i to tatou taiao, no reira tēnā koe e Leanne – acknowledged and thanked both presenters in caring for the environment.

8.4 Te Arawa Lakes Trust – Te Tuāpapa o ngā wai o Te Arawa Refer Power Point Presentation Objective ID A2723944

Te Arawa Lakes Trust (‘TALT’) trustee Ms R Meha and Manager for Environment Ms N Douglas advised members that they were focussed on achieving a statutory working relationship with Toi Moana-BOPRC. TALT had aspirations to restore Te Arawa kaitiakitanga over the lakes and that the implementation of a co-designed strategic

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framework was the way forward for TALT in the leadership space. Ms Douglas identified some of the primary objectives as follows:

embedding of Te Arawa values, matauranga maori and Te Tuāpapa o Te Wai – into spatial plans, long term plans, consultation;

proactive role within the Resource Management Act 1991 (RMA) - Te Mana Whakahono;

grow capability in freshwater management;

TALT as the gateway/conduit for some of the hui regarding plan changes, long term plans and consultations,

meaningful consultation to discuss delivery of Maori outcomes alignment, LTP allocations and iwi and hapu leadership opportunities;

three kaitiaki wananga to be held.

Members acknowledged TALT were moving in a strategic direction and owning that role. It was noted that iwi and hapu needed to work collectively and strategically to utilise the resources available wisely. TALT acknowledged assistance from Toi Moana to finalise their Iwi Management Plan and how it was successfully used as a guide to establish and implement a sewage reticulation system.

9 Reports

9.1 Te Mana Whakahono a Rohe – Iwi Participation Agreements Resource Management Act 1991 Amendments Maori Policy Team Leader A Vercoe advised members that the government had introduced several amendments to the Resource Management Act 1991 (‘RMA’) intended to enhance Māori participation in decision making through the Te Mana Whakahono ā Rohe (‘TMWR’) provisions. To assist members further Mr Vercoe provided an analysis of the provisions and highlighted the following key points:

The TMWR provided a mechanism for iwi authorities and local authorities to discuss, agree and record ways in which tangata whenua may participate in resource management and decision making processes under the RMA;

Iwi authorities that initiated a TMWR invitation would legally compel Toi Moana-BOPRC to enter into iwi participation arrangements;

Mandatory components of a TMWR must be incorporated into an agreement;

Invitations could be initiated at any time (with some exceptions) and carried an 18 month statutory timeframe for completion;

The TMWR provisions allowed for multi-party agreements;

Implementation of the TMWR required principles and negotiations cognisant of the provisions of the legislation;

Presented TMWR and the new subpart under the RMA to RDD committee;

Other requirements included - notification, provision of draft agreement prior to notification, appointment of iwi commissioners on to hearing panels, demonstrated consultation with iwi/hapū;

Toi Moana-BOPRC had received an invitation from Tapuika on 6 June 2017. Mr Vercoe re-iterated that Toi Moana-BOPRC were focussed on the initial planning stages and kōrerorero-discussions about how to progress forward noting that it was

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critical in the initial stages to understand where each party was placed and that tangata whenua were provided a suitable environment that fostered open discussions. Councillor Tahana - Ka honohono ngā wai tetehi ki tētehi – the water connects people with each other, noting that the new provisions potentially allowed iwi and hapū to pen their IMP plans suited to those provisions that essentially allowed for iwi and hapū to sit at the table. Resolved


1 Confirms the report, Te Mana Whakahono ā Rohe – Iwi Participation Agreements Resource Management Act Amendments


9.2 Enhancing Resource Management Act 1991 awareness for Māori - RMA Training Workshops Refer Power Point Presentation Objective ID A2723937

Toi Moana-BOPRC Pou Ngāio Mr N Capper provided members with an update report on the RMA training workshops held specifically for Māori. Mr Capper explained that the workshops were framed as wānanga which sought to complement a transition to the Making Good Decisions training programme while extending RMA knowledge in general for attendees. Key components of the training included:

RMA 101 and 102 wānanga themed – provided tools and techniques for the kete-knowledge basket to empower participation, grow knowledge base, share knowledge and manaaki whanau,

Four workshops trialled to improve confidence and understanding and respond in the RMA kaupapa and kōrero, improved planning policy, regulatory framework and documents, improved understanding of legislative context, treaty obligations.

Treaty settlements the RMA and local government impact;

RMA 103 would focus on resource consenting applications and questions that come from the wānanga to feed back to whānau.

Members and tangāta whenua were advised that the 2018 workshop/wānanga plan proposed to include two more per year specifically to strengthen whānau participation, encourage attendees to complete commissioner training and to recognise further training sessions across the region. It was noted that tangata whenua should contact the Māori Policy Officer of their rohe to have a kōrero-discussion about upcoming workshops and to be added to the email mailing list.

Cr Macdonald who participated in all the workshops remarked that the content and delivery of the information was excellent and that the continued roll out of these wananga were necessary to assist our whānau in understanding the RMA process.

Resolved


1 Confirms the report, Enhancing Resource Management Act 1991 awareness for Māori - RMA Training Workshops

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Tahana/Macdonald CARRIED

9.3 Brown bullhead catfish incursion progress report Refer Power Point Presentation Objective ID A2723941

Toi Moana-BOPRC Biosecurity Team Leader Mr S Grayling briefed members and tangata whenua on the incursion of the Brown bullhead catfish initially discovered in March 2016. Mr Grayling highlighted the following key information:

catfish were tough, a predator scavenger that prey on other fish and threatened taonga species including koura-crayfish;

over 34 nights, 770 nets were set on Rotoiti, Rotorua, Rotoehu and Tarawera – 391 catfish were caught, 381 from Te Weta Bay;

as water temperatures cool more catfish are caught but tuna and brown trout were known to be natural raiders of catfish.

Toi Moana-BOPRC held meetings with stakeholders and community for engagement and feedback on the programme;

Mr Grayling emphasised that further meetings and consultation was needed to discuss and research suitable eradication methods; i.e permanent traps, pest tagging programme, pheromone baits and electricity as options. Mr Grayling extended an invitation to tangata whenua to attend scheduled meetings.

Resolved


1 Confirms the report, Brown bullhead catfish incursion progress report

Tahana/Macdonald CARRIED

9.4 General Manager Strategy and Science Update

General Manager Strategy and Science Ms F McTavish informed members and tangata whenua that:

Two new staff members, Katerina Pihera-Ridge and Reuben Gardiner had joined the Maori Policy team; and

Similarly to last month’s report from the Matakana Island hui, an appendix would be attached to next month’s report highlighting updates on issues raised from the hui today including the water monitoring data;

Ms McTavish advised attendees and members that many submissions and further submissions had been received in relation to Plan Change 9 (water quantity) and that the plan change would set the stage in terms of water limits in the region, metering, who was using the water and how. It was important to note that the plan change set out new criteria for municipals regarding re-consenting water takes and that meetings had

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progressed with 66 submitters and 33 further submitters, pre-hearing meetings are likely to be extended to February 2018.

Councillor Tahana mentioned he had received good feedback about Toi Moana-BOPRC staff co-governance korero presented to a forum at Gisborne District Council last month and encouraged iwi and hapu to read Te Kawa o Te Urewera.

Resolved


1 Confirms the report, General Manager Strategy and Science report


10 Consideration of General Business

Toi Moana-BOPRC Rotorua Lakes Manager A Bruere advised members that:

Phosphorous locking plants programme – commenced consultation with community and iwi around their views of the lakes;

Alum dosing plant methods were used to improve lake water quality ensuring the activity in the catchments are sustainable and that those activities are not contaminating the water;

Plan Change 10 – included rules in place that would manage land use around Lake Rotorua and promote the reduction of nitrogen and phosphorus;

There was a need to supplement the phosphorus locking programme because of constant changed activities on land;

Recognised people were concerned regarding the long term effects of dosing -Toi Moana-BOPRC encouraged dialogue and participation in consultation meetings;

Invitations to attend the first meeting in two weeks had been sent out with plant site visits planned;

Toi Moana-BOPRC team were reinvigorating the Koura and Kakāhi – best catches of koura were found in Lake Rotorua;

Mr Bruere acknowledged more work was required and that alum dosing was an interim solution not a long term management plan. It was noted that a hapū member of Ngāti Ngāraranui disagreed with Mr Bruere’s response regarding algae bloom and closure of areas to swimming.

11 Closing Karakia

Mr Eru George closed with a karakia.

The meeting closed at 1.05pm

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Reports

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Receives Only – No Decisions

Report To: Komiti Māori

Meeting Date: 12 December 2017

Report From: Kataraina O'Brien, Strategic Engagement Manager

Toi Moana Komiti Maori 2017

Executive Summary

The Toi Moana (Bay of Plenty Regional Council) Komiti Māori (Māori Committee) was constituted in 2006.

It is nationally unique in that it is the only full standing Māori decision-making committee of a Regional Council in New Zealand that has three Māori Constituent Councillors presiding (alongside general Councillors).

Komiti Māori provides tangata whenua with direct access and input into Council processes and decisions. The Komiti has a delegated function to set operational direction for Council’s legislative obligations to māori and monitor how these obligations are implemented.

Another unique aspect of the Komiti is that it holds its meetings on marae further enhancing the opportunity for māori to directly interact with Councillors on issues they are passionate about.

This report provides highlights of the hui held by Komiti Māori over 2017.

Recommendations

That the Komiti Māori under its delegated authority:

1 Receives the report, Toi Moana Komiti Maori 2017;

1 Background

The Komiti Māori (formerly the Māori Committee) was established in 2006 and is constituted as a standing committee of Council. Its primary function is to implement and monitor Council's legislative obligations to māori.

Komiti members include three Māori Constituency Councillors, two general Councillors and the Council Chairman (ex-officio).

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Komiti Māori aims to strengthen iwi/hapū relationships with Council by holding its meetings on marae throughout the region. In this manner, the Komiti is exposed to the dynamic of iwi, hapū and whanau, experiencing the variations in tikanga, kawa and reo.

The issues raised before the Komiti are specific to a location. Komiti Māori is supported by the Chief Executive, Strategy & Science General Manager and Māori Policy.

2 Komiti Māori Hui 2017

In 2017 Komiti Māori attendance by tangata whenua has been high. There is a growing interest in all parts of the region from tangata whenua who wish to participate and get involved in the business of Council. This year over fifty members of the community attended Komiti Māori.

This year six hui were held throughout the region:

Date Venue

3 March 2017 Te Whetū o Te Rangi Marae, Welcome Bay, Tauranga

27 April 2017 Te Papaiouru Marae, Ōhinemutu, Rotorua

20 June 2017 Te Mānuka Tutahi Mārae, Whakatane

23 August 2017 Opureora Marae, Matakana, Tauranga

10 October 2017

Waitetī Marae, Ngongotahā, Rotorua

12 December 2017

Omaio Marae, Omaio

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Komiti Māori Photos

Te Manuka Tutahi Marae Left: Waiteti Marae Right: Te Papaiouru Left: Te Papaiouru Marae Right: Te Whetu O Te Rangi Marae Left: Te Papaiouru Marae Right: Opureroa marae

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3 Key achievements

There have been some memorable highlights for the Komiti in 2017 all of which denote the importance of the Komiti’s role and function:

3.1 Submission in Support of Māori Seats for Whakatāne District Council

The Chair of Komiti Māori (Cr Arapeta Tahana) led and presented a submission to the Whakatāne District Council (WDC) in support of a proposal to establish Māori seats of Council. Cr Tahana was able to draw on the experience of Toi Moana who have held Māori seats for several years. Approximately 45 written submission were received, and 11 submitters presented at the meeting.

Following deliberations, a vote of six to five in favour was passed. In terms of next steps, WDC must now publically notify that the Local Electoral Act 2001 allows a poll of 5% of electors to demand a binding poll on the introduction of Māori wards.

3.2 Civil Defence Regional Plan Submission

In response to the flood event in April 2017, tangata whenua and local marae provided local communities with food, shelter and support. Many marae acted without government assistance and proceeded to support those in need. Other marae acted as welfare centres for government agencies and local support agencies to provide further support.

At Te Manuka Tutahi marae Te Runanga O Ngati Awa (TRONA) and Ngati Awa Social Health services (NASH) provided feedback on the role of local marae and tangata whenua. The Komiti heard all issues and concerns presented and advised Komiti Māori would submit to the Civil Defence Regional Plan. Through Māori Policy, Komiti Māori outlined the pivotal role of marae and tangata whenua providing suggestions on how better to support marae in response to another environmental event.

Komiti Māori also led a submission on Civil Defence Act Review to request consideration for legislation to provide for Iwi input and participation into disasters and civil defence emergency response efforts.

3.3 Komiti Māori E-Panui

Komiti Māori distributes electronic panui (newsletter) to tangata whenua on a regular basis to promote and encourage attendance at Komiti Māori hui, to share important information about Council work and to generally keep in touch with the Māori Community.

The e-panui is available bi-monthly. It currently has an ‘open rate’ (acknowledgement that the email has been opened) of 49% which is well above the open rate for other government agencies. Over four hundred contacts receive the Komiti Māori e-panui.

3.4 Presentations by Tangata Whenua

At each Komiti Māori hui, tangata whenua are invited to present on issues of importance to them. Many individuals and groups take this opportunity to engage directly with Councillors, thereby informing council and staff about key matters for consideration.

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A number of tangata whenua groups presented to Komiti Māori in 2017 including (but not limited to):

Ngāti Awa Social Health Services (NASH) and Te Rūnanga o Ngāti Awa: Response to Edgecumbe Flood Event.

Matakana Island tangata whenua: Lodgement of the Matakana/Rangiwāea Hapū Management Plan 2017 and discussion on contaminated land.

Ngāti Ngāraranui Hapū: Aspirations for water quality enhancement of the Waitetī Stream.

Ngāti Rangiwewehi: Environmental initiatives, plans and aspirations.

3.5 Iwi/Hapū Management Plans (IHMPS)

Iwi/Hapū Management Plans are lodged with Council through Komiti Māori.

The following plans were lodged this year:

Pirirakau Hapū Management Plan 2017

Matakana/Rangiwāea Hapū Management Plan 2017

Te Whānau a Harawaka Hapū Plan 2017 (at this meeting)

3.6 Treaty Symposium for Councillors

This year, through the support of Komiti Māori, the Bay of Plenty Regional Council hosted a Treaty Symposium in Tauranga. The purpose of the event was to lead discussions on the value of Treaty settlements and build awareness of the Treaty landscape. Elected members and senior staff from Councils in the region were invited. Approximately 144 people attended.

Ngā Potiki kaumatua opened the hui and spoke about their Treaty experience. Keynote speakers included Justice Joe Williams, Colin reader (Ngā Potiki), Rahera Ohia (Ngāi Te Rangi), Te Pio Kawe, Charlie Tawhio (Ngāi Te Rangi), Dame Susan Devoy (Race relations Commissioner) and Treaty Lawyer Paul Beverly.

3.7 Pou Ngaio Role : RMA Technical/Cultural Specialist

Komiti Māori recognised the need to provide more resource management support for staff and Māori and approved two Pou Ngaio (RMA Technical/Cultural Specialist) roles. One role was established in 2016 and the other role has just been filled.

As well as providing specialist support for staff on RMA Māori provisions, the Pou Ngaio will co-ordinate training opportunities for tangata whenua to build RMA capability.

3.8 Resource Management Act (RMA) Training for Iwi/Hapū

Staff, in collaboration with tangata whenua, ran four RMA training workshops in Tauranga and Whakatāne. Two were aimed at an elementary level (RMA101) and two at an intermediate level (RMA 102). The Pou Ngaio lead this initiative.

The feedback from participants has been overwhelmingly positive as there is a genuine desire from Māori to improve and enhance their RMA knowledge.

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Picture above: From left Hayden Henry, Reon Tuanau and Hemi Paki receiving their RMA 101/102 Certificates.

Komiti Māori are fully supportive of this initiative and formally endorsed further training opportunities.

3.9 Māori Language Week (MLW) 2017

Komiti Māori supported the annual activities led by Māori Policy to encourage the use of Te Reo Māori and Māori practice through Māori Language Week 2017. The theme for MLW 2017 was “Kia ora Te Reo Māori”.

Activities this year included cultural guided tours, karakia/waiata workshops, weaving (raranga) classes, Te Reo bingo and hearing from guest speakers. Activities were facilitated by staff and iwi members.

Komiti Māori promotes the use of Te Reo Māori in the workplace and have embraced Te Ture mō Te Reo Māori 2016 which affirms the status of reo Māori as the indigenous language of Aotearoa.

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4 Remembering the late Te Awanuiarangi Black: Former Māori Constituent Councillor for Mauao

On 11 November 2016, the highly respected Regional Councillor, Tauranga iwi leader and educator, Te Awanuiārangi Black (affectionately known as Awa) passed away at the age of 48. His contribution as a councillor was exceptional.

His positive influence, humility and ability to be articulate in both English and Māori, contributed to many decisions to improve Council’s responsiveness to Māori in the region.

In 2013, Awa was elected onto the Bay of Plenty Regional Council as the Member for the Mauao constituency. He retained his seat for the 2016-2019 triennium, and was the Chair of Komiti Māori. Awa was an astute politician and thinker. He was influential in the Regional Council’s integration of tikanga māori and was behind the Council’s adoption of its Māori name, Toi Moana.

To commemorate Awanui, Council and Komiti Māori approved the introduction of an education scholarship/fund (He Toka Tumoana), consisting of two $5,000 scholarships to be administered through the existing Regional Community Outcomes Fund (RCOF).

This scholarship was launched on 30th November 2017 open to all students/researchers in the Bay of Plenty.

This fund will assist with environmental education, financial support and encourage mātauranga Māori research and education.

5 Year ahead

Komiti Māori will continue to hold meeting on marae across the region in 2018. The importance of engaging with Māori on marae is invaluable.

Komiti Māori will look to review the current Terms of Reference and develop a work programme for 2018. Members will contribute to Councils Long Term Plan consultation and deliberations and will continue to be a conduit to enable Māori participation in decision-making processes.

Nikora Heitia Office Assistant (Matauranga Maori Framework) for Strategic Engagement Manager

29 November 2017 Click here to enter text.

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Report From: David Phizacklea, Regional Integrated Planning Manager

Regional Policy Statement Implementation - Mauri Model and Iwi Perceptions Survey

Executive Summary

Implementation of the operative Bay of Plenty Regional Policy Statement is ongoing. This report sets out a process for undertaking Council’s second iwi perceptions survey, and presents findings from the ‘Method 44 Developing Mauri Models’ project.

Iwi Perceptions Survey

Findings from the first iwi perceptions survey were reported to Komiti Māori in June 2016. The survey contributes to monitoring and evaluating the operative Bay of Plenty Regional Policy Statement iwi resource management objectives. It also provides information on iwi/hapū and whānau experiences with Council resource consent processes.

Approval is sought to undertake the second iwi perception survey for three months commencing from 1 February 2018. Understanding the perceptions of the region’s kaitiaki, iwi and marae based resource management practitioners assists in evaluating the efficiency and effectiveness of iwi resource management provisions in the Regional Policy Statement.

Mauri Model Report

Boffa Miskell has completed a project for Council on implementing Method 44 of the Regional Policy Statement ‘Developing Mauri Models’. The Boffa Miskell report findings include a number of recommendations for Council to consider. They identify key elements or principles a mauri model framework should entail, and what matters or actions need to be considered to further develop a Mauri framework. These include developing a pool of iwi technical advisors and developing at least three mauri pilot projects to test and assess the mauri framework.

The report recommends the initial basis for developing a framework to use for assessing mauri in relation to applications for resource consents, monitoring consented activities and monitoring the efficiency and effectiveness of plan provisions where they are of significance to iwi. Staff propose developing a mauri model toolkit whereby examples of mauri assessment in resource management processes can be shared with iwi and hapū who can then determine whether to adapt them to suite their own circumstances. This approach recognises different iwi will have their own preferences for assessing mauri but that there are fundamental concepts that many share (e.g, tapu, noa, rāhui, ngā tangata).

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Recommendations


1 Receives the report, Regional Policy Statement Implementation - Mauri Model and Iwi Perceptions Survey;

2 Approves staff deploying the second Iwi Perceptions Survey for three months from 1 February 2018;

3 Approves making the Boffa Miskell ‘Method 44 Developing Mauri Models’ project report and literature review available on Council’s website and notifying project participants of its availability;

4 Directs staff to develop and report back a toolbox of examples of existing models and frameworks used to assess the mauri of natural resources to be made available on Council’s website;

5 Acknowledges separate iwi and hapū will have their own preferences for assessing mauri of natural resources within their rohe;

6 Notes feedback on the Boffa Miskell project report and Mauri Model Toolbox proposal will be part of the next iwi perceptions survey in February 2018; and

7 Confirms that the decision has a low level of significance.

1 Purpose

This report presents work undertaken by Boffa Miskell to implement Method 44 - Developing Mauri Models of the operative Bay of Plenty Regional Policy Statement (RPS). The report seeks approval for staff to develop a toolbox of examples of existing models and frameworks used to assess the mauri of natural resources to be made available on Council website.

Komiti Maori approval is also sought to undertake the second iwi perceptions survey for three months from Thursday 1 February 2018 until Thursday 3 May 2018. The second survey will build on advice received from participants and Komiti Māori in response to results of the first survey in 2016.

2 RPS Implementation Strategy

The second generation RPS became operative on 1 October 2014. It provides a framework for sustainably managing the region's natural and physical resources. It highlights regionally significant issues including issues of resource management significance to iwi. It is a directive policy document setting out what needs to be achieved (objectives) and how it will be achieved (policies and methods). Regional and district plans must actively implement its policies and where directed policies shall be considered in resource consents decision making processes.

At its 17 November 2015 meeting the Regional Direction and Delivery Committee approved an RPS Implementation Strategy (RPSIS). For the operative Regional Policy Statement to be effective, it requires consistent implementation and monitoring of its policy and method requirements. That process is outlined in the RPSIS. The

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RPSIS purpose is to ensure the systematic implementation of all operative Regional Policy Statement policies and methods.

The Regional Policy Statement contains 103 policies and 72 methods of implementation across 11 resource topics addressing the significant resource management issues for the region (e.g. air and water quality). It sets out the need to prepare detailed implementation work streams for each resource topic setting out how implementation will occur and be monitored over time. It will identify key actions, timeframes, responsibilities and any resourcing gaps.

An initial assessment identified specific methods that were projects in their own right and needed to be prioritised for implementation. This included Method 44: Developing Mauri Models which states:

“Work with tangata whenua in the development of ways to assess the mauri of natural resources with the intent that such methods are implemented in regional plans for monitoring consented activities, the state of the environment and the efficiency and effectiveness of plan provisions, where these involve matters of significance to Māori”.

3 Mauri Model Project

The Te Hirihiri team at Boffa Miskell Ltd were engaged to develop a robust methodology for assessing Method 44 of the RPS in relation to natural resources in future regional plan changes and regulatory frameworks (i.e policy, methods and rules) where these involve matters of significance to Maori.

An initial literature review was undertaken which collated a range of existing mauri assessment models used throughout the country to assess the mauri of natural resources in relation to matters of significance to iwi.

Tangata whenua across the region were contacted via the iwi contacts database, inviting them to notify staff if they wanted to be consulted as part of this project to develop ways of assessing the Mauri of natural resources. Of those contacted 26 responses were received from tangata whenua (i.e. iwi, hapū and Māori land trust representatives) who agreed to participate.

The respondents were provided with the Boffa Miskell Literature review (as contained as a supporting document to this agenda) along with a list of interview questions. Regional Council staff liaised with the respondents to organise meeting times, dates and venues. Members from Boffa Miskell’s Te Hihiri team subsequently attended and facilitated the hui.

A total of 14 hui were held with 23 iwi, hapū and trusts, these being: Ngāti Mākino, Ngāti Pikao, Ngāti Whakahemo, Tapuika, Ngāti Whakaue ki Rotorua, Ngāti Whakaue ki Maketu, Whakatōhea, Ruaktoki Lands Trust, Ngāi Tūhoe, Ngāti Rangitihi, Ngāti Kea, Ngāti Tuara, Ngāti Manawa, Ngāti Awa, Ngāti Tāwhaki, Ngāti Hokopu, Te Patuwai, Tapuika, Ngāti Manawa, Motiti Rohe Moana Trust, Ngāti Ranginui, Ngāi Te Rangi and Ngāti Te Wai. Boffa Miskell subsequently prepared a report summarising general findings of the meetings and have proposed a potential framework Council could use for assessing mauri. That report is attached in Appendix 1.

Overall the report indicates a number of common themes when assessing mauri.

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The first principles being that kaitiaki who are the mana whenua or ahi kā of the area were the first point of engagement for the assessment of mauri of any natural resources. Any mauri framework should be developed with the support assistance and guidance from mana whenua.

Mauri is a key cultural value for all tangata whenua, and the traditional association of mauri was linked to the understanding that we are all connected through whakapapa from Papatuanuku and Ranginui. The RPS defines Mauri as:

“The essential life force, energy or principle that tangata whenua believe exists in all things in the natural world, including people. Tangata whenua believe it is the vital essence or life force by which all things cohere in nature. When Mauri is absent there is no life. When Mauri is degraded, or absent, tangata whenua believe this can mean that they have been remiss in their kaitiakitanga responsibilities and this affects their relationship with the atua (Māori gods). Mauri can also be imbued within manmade or physical objects”.

Each of the tangata whenua respondents had a different view on what mauri is and how it could be assessed. There were differing views on the need for establishing a mauri model framework with some groups supportive, others thought it needed further discussion and some were sceptical about whether a framework would assist.

Ngati Mākino and Whakatōhea were the only two iwi groups to provide the basis for a potential framework to assess mauri.

Based on the feedback from the consultation meetings and the support to develop a mauri assessment tool, respondents considered the role for Bay of Plenty Regional Council was to;

Build positive relationships with iwi

Communicate with iwi

Resource further engagement with iwi.

4 Next Steps

The Boffa Miskell report makes a number of recommendations based on the consultation undertaken during the project. The recommendations identify key elements or principles a mauri model framework should entail, and what matters or actions need to be considered to further develop a Mauri framework. For example these include developing a pool of iwi technical advisors and developing at least three mauri pilot projects to test and assess the mauri framework.

The report recommends the initial basis for developing a framework to use for assessing mauri in relation to applications for resource consent, monitoring consented activities and monitoring the efficiency and effectiveness of plan provisions where they are of significance to iwi. However, the report identifies more time and energy is required to further develop a framework. In particular for Toi Moana to work with Ngāti Mākino collective and the Whakatōhea Māori Trust Board to develop their respective Mauri frameworks further. A key recommendation is for Toi Moana to ensure that work on Method 44 is in alignment with those related components under the proposed Matauranga Māori Framework. As noted earlier, staff have considered how the Matauranga Māori project

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has developed and believe there are potential synergies and learnings between the two projects. Notwithstanding the reports’ recommendations, staff propose developing a toolbox of examples of existing models and frameworks used to assess the mauri of natural resources to be made available on Council’s website. The toolbox can be refined over time as further examples are developed that can be shared with interested iwi and hapū. This is considered the most pragmatic means of implementing the intent of Method 44 whilst acknowledging the findings of the research and consultation undertaken by Te Hihirihi. Staff would then report back to the Committee on a Mauri Model toolkit in the new year. In the interim staff recommend making the Boffa Miskell report and associated literature review available on Council’s website and notifying tangata whenua across the region of its availability.

5 Iwi Perception Survey

The iwi perception survey forms part of the monitoring requirements for the iwi resource management objectives in the Regional Policy Statement. The survey identifies the level of awareness iwi/hapū and whānau have of the RPS and should assist in raising awareness of these iwi resource management tools. The results of the first RPS Iwi Perceptions Survey were reported to the Komiti Māori hui on 29 June 2016 and are available on Council’s website at www.boprc.govt.nz/operative regional policy statement/iwi perceptions.

For consistency purposes the survey replicates the first iwi perceptions survey and continues to include questions regarding iwi/hapū and whanu experiences with Council’s resource consents processes. The survey does however build in additional questions relating to iwi affiliation and whether the respondent has any particular views on the Mauri Model research undertaken by Boffa Miskell and reported as a separate item in this meeting agenda.

The Iwi Perceptions Survey questions are provided in Appendix 2. Part 4 of the RPS requires Council to monitor the efficiency and effectiveness of all RPS policies and methods, and measure the extent to which objectives are being achieved.

The RPS contains iwi resource management provisions that are linked to monitoring indicators. These monitoring indicators require Council to undertake regular iwi perception surveys. Understanding the perceptions of the region’s kaitiaki, iwi and marae based resource management practitioners will assist evaluating the effectiveness and efficiency of these provisions. The primary purpose of the survey is to contribute to the RPS monitoring and evaluation. This is a requirement of the RPS and sections 35 and 79 the Resource Management Act 1991. The survey results will also contribute to review of iwi/hapū and whānau experiences with Regional Council’s resource consents processes. The next formal RPS review is due in October 2024. RPS iwi resource management provisions to be monitored include objectives, policies and methods relating to:

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http://www.boprc.govt.nz/operative%20regional%20policy%20statement/iwi%20perceptions


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Consultation

Kaitiakitanga

Development of multiple owned Māori land

Partnership and co-management agreements

Iwi and hapū resource management plans

Maintaining and enhancing the mauri of water, land, air and geothermal

resources; and

Recognition and provision for the relationships of Māori and their ancestral

taonga.

6 Timeframe and Process

Subject to gaining Komiti Māori approval, the process for the second survey involves:

1. Deploying the survey on Survey Monkey for three months from Thursday 1 February 2018 until Thursday 3 May 2018

2. Conduct more in-depth interviews (4-6 persons) with survey respondents

3. Analyse and report survey results to Komiti Māori and Consents

4. Email copy of survey results to survey respondents; and

5. Include survey results on Council’s website.

An objective for the second survey is to increase participation beyond the 20 who participated in the original survey. As part of the follow up interviews for the first survey respondents were asked for their ideas on how we could improve survey participation. In response to those suggestions the Iwi Perceptions Survey will be:

emailed to people on Council’s Māori Contacts Directory, encouraging the survey be sent onto marae and Māori land trust contacts

promoted the survey through Council’s various co-governance and co-management forums, through the region’s tertiary education institutions (e.g. Whare Wānanga o Aotearoa and Toi Oho Mai)

promoted through Council’s ‘Have your say’ and Kaupapa Māori web pages.

The results will also be shared with the region’s city and district councils as part of the RPS Implementation Strategy project. This reflects that many survey participants’ perceptions were relevant to their experiences dealing with city and district councils in the region.

7 Implications for Māori

Resource management issues of significance to iwi authorities in the region are required by section 62(1)(b)(i) of the Act to be identified and included in the RPS. Virtually all iwi and hapū resource management plans identify the degradation of mauri of natural resources as an issue of resource management significance with respective rohe. Consequently the RPS identifies the degradation of the mauri of water, land, air and geothermal resources as an issue of resource management significance to iwi in the region. Method 44 was inserted into the RPS in order to resolve an appeal by

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Ngāti Mākino in relation to the iwi resource management topic in 2013. By agreeing to including this method in the RPS Regional Council is committed to ensuring its implementation.

Some iwi consulted as part of this project see real value in the mauri model framework for iwi, hapū and whānau to apply in resource management decisions making processes. There has been wide interest in such a framework and balancing western science with matauranga Māori in decision making processes. The project findings will make a contribution to this body of knowledge.

A key challenge is ensuring a mauri model framework is suitable for refinement and application by a range of iwi and hapū across the region. Only tangata whenua are capable of assessing the mauri of their taonga and they will likely have differences in how they view and prefer assessing mauri. The iwi perceptions survey will assist Council monitoring iwi and hapū perceptions of its performance implementing the various iwi resource management objectives and gauge iwi perceptions of Regional Council’s resource consents process.

8 Council’s Accountability Framework

8.1 Long Term Plan Alignment

The cost of implementing the Regional Policy Statement is budgeted for in the Long Term Plan (2015-2025) in the Regional Planning activity. The 2017/18 budget for implementation of the RPS is $42,091. Costs for setting up, analysing and reporting on the survey are staff time only.

Current Budget Implications

Costs in setting up, analysing and reporting on the survey are staff time only. These costs are met within the wider Regional Policy Statement implementation budget for 2017/18.

Future Budget Implications

The biennial iwi perceptions survey costs are provided for under the Long Term Plan 2015-2025 within the RPS Monitoring and Implementation budget under the Regional Planning activity.

Nassah Steed Programme Leader (Statutory Policy) for Regional Integrated Planning Manager

4 December 2017 Click here to enter text.

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APPENDIX 1

Boffa Miskell Method 44 Mauri Model Report, August

2017

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Method 44 Developing Mauri Models Report

Prepared for Toi Moana (Bay of Plenty Regional Council)

10 August 2017

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Document Quality Assurance

Bibliographic reference for citation: Boffa Miskell Limited 2017. Method 44 Developing Mauri Models Report prepared by Boffa Miskell Limited for Toi Moana (Bay of Plenty Regional Council).

Final Report Prepared and Reviewed by:

Te Pio Kawe Associate Principal / Kaiarataki Te Hīhiri - Strategic Advisor Māori

Nicole Hodgson Graduate Advisor Māori / Graduate Ecologist, Boffa Miskell Limited

Sean Grace Associate Principal / Senior Planner, Member NZPI, Boffa Miskell Limited

Literature Review Report Prepared by:

Mapihi Martin-Paul Kaiaho Te Hīhiri / Graduate Advisor Māori Boffa Miskell Limited

Jade Wikaira Kaiarataki Te Hīhiri / Strategic Advisor Māori, Boffa Miskell Limited

Nicole Hodgson Graduate Advisor Māori / Graduate Ecologist, Boffa Miskell Limited

Literature Review Report Reviewed by:

Craig Pauling Principal / Kaiarataki Te Hīhiri / Strategic Advisor Māori, Boffa Miskell Limited

Te Hīhiri Consultation Team: Eynon Delamere, Te Pio Kawe, Nicole Hodgson and Sean Grace.

Status: Final Revision / version: 01 Issue date: 10 August 2017

Use and Reliance This report has been prepared by Boffa Miskell Limited on the specific instructions of our Client. It is solely for our Client’s use for the purpose for which it is intended in accordance with the agreed scope of work. Boffa Miskell does not accept any liability or responsibility in relation to the use of this report contrary to the above, or to any person other than the Client. Any use or reliance by a third party is at that party's own risk. Where information has been supplied by the Client or obtained from other external sources, it has been assumed that it is accurate, without independent verification, unless otherwise indicated. No liability or responsibility is accepted by Boffa Miskell Limited for any errors or omissions to the extent that they arise from inaccurate information provided by the Client or any external source.

Cover photograph: Active waterfall in Auckland City, © Tim Church, 2016

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RĀRANGI ŪPOKO / CONTENTS 1.0 HE KUPU WHAKATAKI / Introduction 1

1.1 Ngā whakaaro rangatira / Acknowledgments 1 1.2 Tāhuhu Kōrero / Background 2 1.3 Tangata whenua engagement 6

2.0 KUPU WHAKAHOKI / Response 7

2.1 Mana whenua, ahi kā / ahikāroa 7 2.2 Mauri 8 2.3 Fresh Regional Water 9 2.4 Mauri Framework 10 2.5 The Role of Toi Moana 17

3.0 MATAPAKI / Discussion 18

3.1 Regional Policy Statement 18 3.2 Mauri Frameworks 20

4.0 TE WHAKAMUTUNGA / Conclusion 24

5.0 TŪTOHUNGA / Recommendations 25

6.0 KŌHINGA KŌRERO / References 27

APITIHANGA / Appendices

Appendix A: Glossary

Appendix B: Interview questionnaire

Appendix C: RPS Iwi Resource Management Policies, Objectives and Methods

Appendix D: The Aashukan Declaration

Appendix E: RPS Appendix F, Set 4 Māori culture and traditions criteria

Appendix F: Suggestion for a Mauri Model Toolkit

Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 2

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1.0 HE KUPU WHAKATAKI / Introduction Toi Moana (the Bay of Plenty Regional Council) engaged Boffa Miskell Ltd (BML) to undertake an assessment of Method 44 of the Regional Policy Statement: “Developing Mauri Models”. This assessment was undertaken in consultation with tangata whenua, in terms of investigating the mauri of natural resources in the spectrum of environmental management, within the regional regulatory framework. This report collates and summarises the responses from 13 hui held with representatives from Iwi, hapū, land trusts or collective entities to discuss the opportunity to implement Method 44 across the Bay of Plenty Region. The tangata whenua groups all shared a common understanding of mauri.

The intention of the project was to interview tangata whenua to seek their response to the concept of developing a framework or model to assess the effects on the mauri of their natural resources that will contribute to the local and regional management decisions of these resources.

The development of a mauri framework / model within the Regional Policy Statement (RPS) provides a platform for engagement with other RPS methods and Iwi resource management policy issues and objectives. This includes resource consent activities, the monitoring of consented activities, state of the environment reports and the opportunity to measure the efficiency and effectiveness of plan provisions on matters of significance to Māori / tangata whenua.

The other considerations for developing an assessment tool revolve around the particular focus on the level of tangata whenua leadership and expertise required to develop the mauri framework or model. Would this option be taken up by local iwi or practitioners themselves working in the environment space or other Māori consultancies?

The other option is to utilise an existing tool, adapting/refining that tool and/or creating an entirely new tool. In all cases, the involvement of mana whenua, and their ownership of the process is fundamental and will require a structured approach to achieve. This can include developing clear relationship agreements and/or agreed work programmes, along with appropriate resourcing.

This project focuses on understanding the views of mana whenua in relation to mauri and undertaking assessments, including preferences for particular methods as well as how assessments should be undertaken and managed.

To reiterate, discussions during the consultations are in regards to mauri of natural resources and not of mauri of anything else.

1.1 Ngā whakaaro rangatira / Acknowledgments Tēnā koutou katoa e ngā rangatira, e ngā kuia, e ngā kaumātua, e ngā kaiwhakahaere, e ngā pūkenga me ngā kaitiaki o ngā taonga tuku iho o a tātou mātua tūpuna. Tēnei te mihi ki a koutou katoa Te Komiti Nui o Ngāti Whakaue; Ngāti Makino Iwi Authority; Ngāti Whakahemo; Te Mana o Ngāti Rangitihi Trust; Te Rūnanga o Ngāti Pikiao; Motiti Rohe Moana Trust; Ngāti Whakaue ki Maketu; Tapuika Iwi Authority; Whakatōhea Māori Trust Board; Ngāti Ranginui Inc Society; Te Rūnanga o Ngāi Te Rangi; Ngāti Te Wai; Ngā Kaitiaki o Ngāti Whakaue; Te Rūnanga o Ngāti Manawa; A collective of Rūātoki Lands Trust Including: Tawa Kaiti Lands Trust, Te Manawa o Tūhoe A Trust and Te Pae o Tūhoe; Ngāti Tawhaki; Ngāti Kea Ngāti Tuarā; Te Patuwai ki Motiti; Te Rūnanga o Ngāti Awa; Ngāti Pukeko; Te Pahipoto; Ngāti


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Hokopu ki te Whare o Toroa; Ngāi Tamawera rātou ko Ngāti Maumoana, i huihui ai tātou ki te whakawhiti kōrero e pā ana ki te aromatawai mō te mauri o te taiao, me ōnā tikanga kei roto ki tēnā whānau, ki tēnā hapū arā me ngā tini iwi o te motu. Kei roto i a tāua ringa ngā whakanekeneke o te kaupapa nei me ngā korero kei roto i ngā mahere o te Kaunihera o te Toi Moana. Nō reirā, ki a koutou katoa, tēnā koutou, tēnā koutou, tēnā koutou katoa.

The Te Hīhiri team acknowledges the time, effort, energy and hospitality extended by all of the iwi, hapū, whanau and land trusts entities we met with from May in Rotorua through to June 2017 in Maketu. The interviews and discussions were held at various venues and locations that were practical and suitable to the tangata whenua participants.

As many of you expressed during the interviews that this is but the starting point for a greater discussion to occur with Toi Moana on the collective management of the regions physical and natural resources, where the assessment of mauri is but one of those conversations.

We also acknowledge the assistance and support given to by the Toi Moana policy and consents staff with background material and operational experiences in working with tangata whenua groups. In particular, Nassah Steed and Esta Farquhar for contacting and organising the consultation meetings dates and times with the tangata whenua participants. We also thank the Maketu Voluntary Fire Brigade for the use of their facilities for three consultation meetings.

Ka mutu, “e kore te kūmara e kōrero mō tōna ake reka” engari, me mihi ka tika ki ōku tuahine, ki ōku tuakana o Te Hīhiri i tautoko i tēnei kaupapa whakahirahira mō tātou te iwi Māori.

1.2 Tāhuhu Kōrero / Background

1.2.1 Regional Policy Statement

The Bay of Plenty Regional Policy Statement (RPS) promotes sustainable management of the natural and physical resources within the Bay of Plenty. The policies and methods within the RPS are set to achieve the integrated sustainable management of these resources. The RPS is the leading document for the management of natural and physical resources throughout the Bay of Plenty Region, and identifies the significant issues we are facing in the environment. Tangata Whenua as the constituent iwi, hapū, marae and land trusts are taking a more visible and proactive role in the environmental management spectrum at a local and regional level.

The RPS is implicitly aligned with the key provisions of the Resource Management Act (RMA) 1991 and National Policy Statements. Part 2 of the RMA requires all persons exercising functions and powers under the Act to recognise and provide for various matters; this includes:

• Section 6(e) requires persons to recognise and provide for the relationships that Māori and their culture and traditions have with their ancestral lands, water, sites, waahi tapu, and other taonga.

• Subsection 6(g) also requires the “protection of protect customary rights” under the marine and Coastal Area (Takutai Moana) Act 2011.

• Section 7(a) kaitiakitanga and (aa) the ethic of stewardship requires that where the effects on kaitiakitanga exercised by tangata whenua are relevant, they should be considered and evaluated in the decision making process.

• Section 8 further requires council to take into account the principles of the Treaty of Waitangi.


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http://www.environmentguide.org.nz/rma/principles/section-6-matters-of-national-importance/

http://www.environmentguide.org.nz/rma/principles/section-7-other-matters/

http://www.environmentguide.org.nz/rma/principles/section-8-treaty-of-waitangi/

http://www.environmentguide.org.nz/rma/principles/section-8-treaty-of-waitangi/

Māori / tangata whenua can also relate to all of the other matters identified in sections 6 and 7. However, the above matters relate specifically with the effects on Māori relationships with the environment, taonga, protected customary rights and the exercise of stewardship / kaitiakitanga.

These RMA provisions have been incorporated into Part two of the RPS and are reflected in specific sections. Section 2.6, Iwi resource management, outlines the issues of significance to Iwi authorities within the Region regarding Iwi resource management. From this, a number of objectives are set to address these issues with corresponding methods to achieve such objectives.

Method 44 is one of core Iwi guidance methods developed to implement the relevant policies, and address the objectives and issues which effect Iwi in the management of natural resources (Figure 1). The purpose of Method 44 is to develop robust methodology for assessing the mauri of natural resources for inclusion in future regional plan changes and regulatory frameworks (i.e. policy, methods and rules).

Figure 1 provides the context for Method 44 and the other Iwi resource management methods.

Notes relating to Figure 1 above: 1. Resource Management Act 1991, is New Zealand's principal legislation platform which sets

out how we should sustainably manage our environment based on an effects approach. 2. National Policy Statements provide crown objectives and policies on matters of national

significance to be implemented by regional and local authorities’. 3. BOP RPS provides direction to the development of regional and district plans, resource

consents and other regulations in the RMA and NPS. 4. The Operative RPS identified 10 regionally significant iwi resource management issues,

with an additional 8 specific matters relating to Iwi authorities. 5. Objectives 13 to 17 in Table 6, seek to address the significant iwi resource management

issues through all policies including 8 specific Iwi resource management policies and 8 methods / actions.

6. Monitoring provisions to ensure that the methods are achieving the objectives.


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The implementation of Method 44 aims to help achieve the following objectives shown in the flowchart below in Figure 2.

• Objective 10: Cumulative effects of existing and new activities are appropriately managed.

• Objective 12: The timely exchange, consideration of and response to relevant information by all parties with an interest in the resolution of a resource management issue.

• Objective 17: The mauri of water, land, air and geothermal resources is safeguarded and where it is degraded, where appropriate, it is enhanced over time.

• Objective 21: Recognition of, and provision for, the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga.

• Objective 30: The quantity of available water: (a) provides for a range of uses and values; (b) is allocated and used efficiently; (c) safeguards the mauri and life supporting capacity of water bodies; and (d) meets the reasonably foreseeable needs of future

generations.

At a regional planning level, the objectives, policies and methods included in the RPS are given effect by the corresponding provisions within the Bay of Plenty Regional Plans. Consideration of effects on mauri is required in the provisions of the Regional Plans, most notably the On-site Effluent Treatment Regional Plan, the Regional Air Plan, the Operative and Proposed Regional Coastal Environment Plans, the Regional River Gravel Management Plan, the Regional Water and Land Plan, the Rotorua Geothermal Regional Plan and the Tarawera River Catchment Plan. Generally speaking, the assessment of mauri is not dealt with in a consistent manner across these planning documents.

Figure 2 Shows the RPS objectives, policies that Method 44 was created to achieve (see Appendix C for further descriptions of policies and objectives).


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1.2.2 Mauri and kaitiaki / kaitiakitanga

From a Māori world view, ancestral knowledge, or mātauranga Māori, advocates that all living creatures and natural resources are infused with their own mauri and co-exist in a collaborative state.

The maintenance of mauri is a traditional practice of ensuring that the relationship between all parts within the environment, including between people and the environment, is preserved. This practice forms a fundamental role of kaitiaki (guardian) and kaitiakitanga (guardianship). These practices are based on a natural order and inter-dependency of the cosmology traditions of Ranginui, Papatūānuku and their children as the guardians / gods of their respective domains.

The personification of Atua and natural resources (maunga, awa etc.) reinforces the relationships and connections between people and the environment through the use of whakapapa (genealogy) as human relationships. Through transferring these human characteristics and values, indigenous cultures like Māori have developed a nurturing, caring and often territorial relationship with their maunga, awa and lands. Tangata whenua have seen these as ancestral relationships with their environment because Māori are connected to the land. “Ko au te awa, ko te awa au” - I am the river and the river is me.

Kaitiaki, refers to the people who hold the mana whenua (territorial authority over that area) as rangatiratanga. Mana whenua / ahi ka must exercise its authority and leadership in accordance with the values of kaitiakitanga, to act unselfishly, with right mind and heart, and with proper procedure.

Kaitiakitanga is a concept of collective obligations and responsibilities on the hapū to maintain and preserve the mauri of the environment or resource to sustain life.

In addition to this, the definition of mauri and how it is perceived varies throughout Te Ao Māori (The Māori World) and can vary from Iwi to Iwi and internally between hapū and whanau; yet all definitions are true and correct for each kin group.

This variation between hapū requires a series of individual assessments to be conducted between a range of Iwi and hapū representatives - with the intention of these assessments/interviews being to understand the individual’s definition of mauri and allow them to provide an authentic representation of the state of mauri in their rohe (territory).

The ability to understand the traditional perspectives, values, customary practices, associations and principles that underpin the essence and energy that manifests itself within the concept of mauri is an empowering and enlightening journey for all.

The RPS describes mauri as a key element required to sustain life in all living things in nature which must co-exist together:

“the essential life force, energy or principle that tangata whenua believe exists in all things in the natural world, including people. Tangata whenua believe it is the vital essence or life force by which all things cohere in nature.”

The second part of the definition prescribes to the belief and notion that mauri ebbs and flows and can be restored or lost over time by the actions of kaitiaki and is a reflection of maintaining the cohesion and balance on the environment. Kaitiakitanga is a divine relationship from the Atua that can be transferred to inanimate objects.

“When Mauri is absent there is no life. When Mauri is degraded, or absent, tangata whenua believe this can mean that they have been remiss in their kaitiakitanga


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responsibilities and this affects their relationship with the Atua (Māori gods). Mauri can also be imbued within manmade or physical objects.”

The Waitangi Tribunal in Wai 262 claims described mauri as the:

“life principle or living essence contained in all things, animate and inanimate. All things are infused with mauri (a living essence or sprit) that we are all related through a common whakapapa.”

The Tribunal discusses the principle values of mauri in the context of mātauranga Māori, whakapapa, whanaungatanga (kinship relationships) kaitiaki in a physical form with kaitiakitanga providing a system of law. Kaitiakitanga is seen as an obligation, arising from the kinship (whakapapa), to nurture and care for the physical well-being of people and the spiritual essence of the natural resources and feature.

Mātauranga Māori is an essential element in assessing mauri. Traditional knowledge and observations of changes in the seasons, tides and weather patterns, maramataka or local planting or fishing calendars are examples of mātauranga Māori. This knowledge has been handed down through generations to those that reside in the area (ahi kā, haukāinga, kaitiaki).

1.3 Tangata whenua engagement Toi Moana canvassed those Iwi, hapū and other Māori entities on their Iwi Authorities Contact List from the Māori Contacts Database about the opportunity to participate in the development of the Method 44 Mauri model project. A total of 26 tangata whenua groups (Iwi, hapū and trusts) agreed to participate in the project and be interviewed by BML.

Engagement with tangata whenua was undertaken by BML with hui held without Toi Moana staff to allow for focused discussion. Consultation hui generally ranged from one-and-a-half to three hours and where requested, were held with multiple groups resulting in a total of 14 interviews.

Prior to the interviews BML provided participants with a literature review that summarised current mauri models and other indigenous monitoring tools and examples relative to the implementation of Method 44 across a range of environments and scales. The Literature Review Report also included a summary of the hapū and Iwi management plans lodged with Toi Moana and focussing on the significant issues for the participating Iwi and hapū. At the time of preparing the review, an electronic copy of the Whakatohea Māori Trust Board management plan was not available for inclusion into the report. A copy of “Tāwharau O Ngā Hapū, Whakatohea Resource Management Plan, July 1993; was presented to BML at the interview held on 15 May 2017.

Participants also thought that the literature review could have included information on the significance of mauri from the Waitangi Tribunal Report WAI 262 “Ko Aotearoa Tēnei - A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity; Te Taumata Tuarua Volume 1 and 2” and Environment Court 2015 NZEnvC 90 Sustainable Matata v Bay of Plenty Regional Council & Whakatane District Council.

The review of existing assessment tools highlights a diversity of approaches. These approaches either focus on questionnaire/site assessment based systems, or process/decision support


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systems, as well as tools that are either focussed on a single environment (e.g. freshwater) or that can be applied across the range of environments, scales and issues.

BML also provided a questionnaire which was developed to guide the interviews (Appendix B).

2.0 KUPU WHAKAHOKI / Response The discussion in the consultation sessions with each tangata whenua group were different in content and their experiences that reflected the physical nature of the rohe and the locations for each hui. However, during the discussions the same core values of mana whenua, haukāinga, hapū, mātauranga Māori, kaitiaki, kaitiakitanga, whakapapa and the historical accounts (korero) were raised that linked the people from these places to the mauri of the resources that have sustained them for generations. Mauri is a key element that is important to Māori environmental management.

The other matter that has influenced the responses and opinions of tangata whenua were their past experiences in working with local and or regional councils on resource consent applications.

The following sections are the main themes from our consultation interviews with the 13 groups with specific quotes from the interviews to emphasise each theme.

2.1 Mana whenua, ahi kā / ahikāroa The first principle that all tangata whenua groups agreed on was, that the first point of engagement for the assessment of mauri of any natural resource must be with the kaitiaki who are the mana whenua or ahi kā of that area. These are the people that have the mātauranga Māori (traditional knowledge), observations, experience and relationships with specific sites and the wider cultural landscape. It is the kaumātua, kuia and kaitiaki of the mana whenua that will be able to provide a historical account of their sites and areas of significance (e.g. marae, papakāinga, pa, urupā, waahi tapu), mahinga areas, an indication of previous land use activities, predominant physical features, local events and the people that occupied the area. This is all useful information in determining the effects of proposed activities on the cultural relationships tangata whenua have with their lands, waters and other natural resources.

The development of a mauri assessment framework or tool must be developed with the support, assistance and guidance of mana whenua.

A framework around mauri will provide a structured approach that will assist some kaitiaki and other whanau members on the ground. In gaining an appreciation of the customary relationships that a specific site has in the context of that area with the wider catchment and district we are empowering our people through the transfer of traditional knowledge that builds a foundation of respect, understanding and responsibility. This reinforces the collective responsibility of whanau and hapū with the exercise of kaitiakitanga.

“Mauri is intergenerational and looks at all aspects of life and the environment.” - Ngāti Kea and Ngāti Tuarā.

“Tangata whenua need to be the ones that measure any environmental elements. Need to be living within the environment to feel Mauri. Ngāti Manawa are an integral part of their environment and have significant roles and responsibilities as kaitiaki over their rohe” - Ngāti Manawa.


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2.2 Mauri Mauri was immediately identified by all tangata whenua participants as a key cultural value for their respective entities and their roles and responsibilities as mana whenua, kaitiaki, trustee, hunter and harvester. The interviews produced a broad range of responses to the questions of ‘what is your Iwi / hapū view on the mauri of your natural resources and how would you make such as assessment?’ Further comments in regards to the description of mauri included;

“Spiritual and historical connection to the land and water.” – Rūātoki.

“Mauri is embedded in everything and it’s the glue that binds us all together” - Makino Cluster Interview.

“Mauri is interconnected not isolated.” - Ngāti Manawa.

“Mauri is alive in all places and is exciting.” - Whakatohea.

“you are a living descendent of your tupuna carrying out the traditional and customary activities of your tupuna to ensure the mauri of the land, moana or river is enhanced and not degraded.” - Ngāi Te Rangi.

“Geographical features could also encompass mauri” - Rūātoki.

“Mauri is about our historical references what we know have seen” - Ngāti Whakaue ki Maketu.

The high level of confirmation of the importance of mauri by the respondents aligns with the results from the 2016 Iwi perceptions survey that the primary role of kaitiaki is to protect the mauri of natural resources in their rohe. 89% of the respondents considered that the mauri of the natural resources in their rohe had degraded in the past 5 years.

2.2.1 Te Mātāpuna o Mauri

All of the tangata whenua participants acknowledged and recognised that their traditional association with the principle of mauri in the environment is based on the common traditions and understanding that we are all connected through whakapapa from Papatūānuku and Ranginui and their children.

“Mauri has a whakapapa” - Tapūika.

“Mauri and wairua are all linked by whakapapa. Traditional relationship of whakapapa is based on the holistic approach of our Iwi Management plan.” - Whakatohea.

“Ko te whakapapa te mea i hono mātou ki te mauri. This can be interpreted to describe our traditional expressions of our genealogy that shows our ancestral descent from our Atua and the creation legends of Ranginui and Papatūānuku. Hence, our Atua transferred and gave mauri (the essence of life) to mankind, animals, plants and all natural resources.” - Rūātoki.

“Although mauri directly translates to ‘life essence’ it still means so much more to our people. This was expressed by the chairman in terms of a traditional values, principle and relationship with Papatūānuku, Ranginui and their children.” – Patuwai.


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“The whakapapa behind mauri highlights the depth of relationship and responsibility tangata whenua have with mauri… although mauri directly translates to ‘life essence’ it still means so much more to our people.” - Ngāti Awa.

2.2.2 Diversity of views

There was a diverse range of Iwi groups (settled, mandated, in negotiations and Deed of settlement); hapū / marae entities and land trusts with ranging levels of experience in the environment management matters and processes.

Throughout the interviews the definition of mauri varied between each group and in some hui between individuals within the same group. While these differences of opinion were noted they were also accepted as being correct.

Ngāti Whakaue recognise and believe that the people within their rohe have their own specific definition of mauri, which in some cases it is believed that mauri “can’t be defined in words because it is infinite”. Mauri also ranged from being defined as purely the physical aspect of a resource, to a broader definition of including everything; that mauri is the life force and everything has a life force.

2.2.3 Holistic approach

Mauri includes physical sensory attributes and well-being of the environment (i.e. what it looks like, what are the associated sounds and smells / odours in the area and tastes) but also includes our cultural traditions and knowledge with our individual and collective spiritual welfare. This is a reflection of our holistic Māori world view.

“Mauri is not viewed as an individual attribute/value, but needs to be taken into account with other Māori values” – Makino.

“Kaitiakitanga, mauri, mana, mahinga kai and māra kai are viewed as being connected. Mauri is one component of mātauranga Māori.” - Tapūika

The Ngāi Te Rangi representative divided “mauri ora” into three parts to demonstrate the relationship principles of kaitiaki and mauri:

• “Ma” represents the spiritual relationship / connection with the environment / place; • “Uri” represents your whakapapa that you are a descendent of your tupuna; and • “Ora” represents that you are the living and physical connection with the

environment.

Tangata whenua also recognise that the actions of other people in the community, as well as commercial and industrial land and water users, all impact on the mauri of the same environment. Therefore, they must acknowledge and manage their effects on the environment in order to protect the mauri of that environment/natural resource.

2.3 Regional Fresh Water All tangata whenua groups raised the significance of water (in particular freshwater) to their people from a critical existence perspective, customary use, historical observations in catchments, current and future practices in their respective rohe. The nature of water is to flow


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or transpire through different environments. The values, properties and uses of water are different when it comes from the sky, flows through the land, river, lake or sea.

Water is essential to sustain life, if there is no water, there is no life. This is the same defining characteristic of mauri itself. This was expressed at the Rūātoki hui as “water is the most significant natural resource to all living things i.e. te mauri o te wai; he mauri te wai, kāre, ko te mauri i roto te wai i.e. water is the mauri, the life force that exists within all living things.”

Once again these interviews confirm the results from the 2016 Iwi Perceptions Survey that tangata whenua seek tangible opportunities to discuss their involvement in the regional decision making processes on water rights and interests with Toi Moana.

2.4 Mauri Framework The prospect of developing a mauri assessment framework was seen as a positive opportunity by four participants we interviewed with the majority of six participants requiring more discussion (hui) and information to make a considered response and three seeking further internal discussions with kaitiaki and kaumatua.

Some tangata whenua felt that measuring mauri in a precise quantitative way is not the nature of mauri and therefore, attempting to measure and express mauri using a model can only provide an indication to the state or effects on mauri and not a true reflection.

“An important component of mauri is the spiritual well-being, feeling and the effects on the wairua of people. This is difficult to describe in words so it is hard to understand how it can be captured in a framework or model” - Ngāti Awa.

Although, with this in mind, no paticipants considered the project was futile, several participants were sceptical about the outcomes of the framework assisting Iwi or not. The assessment of mauri is only one issue Iwi / hapū need to be considering along side other aspects of their cultural impact assessment report as well as other local subregional environmental and or economic issues.

However, the consultation process did identify two tangata whenua assessment frameworks which could be developed into a regional method with further discussion with other Iwi and hapū groups.

The other suggestion from Iwi participants was to develop a toolbox of options that mana whenua, hapū and Iwi could use to assist with an assessment of mauri as part of an existing cultural impact assessment report or a separate framework.

2.4.1 Tikanga Whakahaere framework

Ngāti Makino decided to meet collectively with repreresentatives from Ngāti Whakahemo, Ngāti Rangitihi, Ngāti Pikiao and the Motiti Rohe Moana Trust on 11 May in Maketu. This meeting was attend by 10 representatives.

The meeting participants were clear that the development of Method 44 and the essence of mauri had been raised in previous submissions to Toi Moana and evidence presented by tangata whenua during the appeals against the decision to grant consent to dump remains of the MV Rena, equipment, cargo and debris field on Otaiti Astrolabe Reef. Iwi noted that Method 44 needed to be seen in the context of the other Iwi Methods (i.e. Methods 41, 42, 43, 45, 46, 47 & 48) and Iwi Resource Management Policies (IW 2B, 4B, 5B & 6B) in the RPS. They are a


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collective suit of tools for Iwi / hapū and Toi Moana to address Māori resource management issues. Toi Moana need to understand how these methods and rules can be applied to work together to recognise and provide for the environmental values and principles of whanau, hapū and Iwi.

The hui strongly expressed that “only whanau, hapū and Iwi with the relationships with the natural resources can assess the effects of any proposed consent activity on the mauri of that resource.” This recognises Policy IW 2B: Recognising matters of significance to Māori; Proposals which may affect the relationship of Māori and their culture and traditions must: (b) Recognise that only tangata whenua can identify and evidentially substantiate their relationship and that of their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga.

“BOPRC cannot assess the mauri of the environment without the engagement with the appropriate tangata whenua / mana whenua group(s).”

“Mauri is not viewed as an individual attribute or value but needs to be taken into account with other Māori values. Mauri is the glue, the binding of many things to create existence.”

The meeting proposed the following recommendations:

1. “This collaboration of Ngāti Makino, Ngāti Pikiao, Ngāti Whakahemo, Ngāti Rangitihi and Motiti Rohe Moana Trust is continued and resources by BOPRC and the Boffa Miskell team to complete a Mauri Tikanga Whakahaere framework model.

2. The next stages of the framework are planned together in a group workshop.

3. BOPRC be invited to participate in the workshop.”

These recommendations were accepted by Toi Moana as a one off for the project and a tikanga whakahaere workshop was held on 14 June 2017 in Maketu.

Dr Kepa Morgan the General Manager of the Ngāti Makino Iwi Authority and Carlton Bidios of Ngāti Ranginui Inc. Society attended the workshop as well as three staff from Toi Moana; Nassah Steed, Esta Farquhar and Clarke Koopu.

The purpose of the workshop was to develop the concept of a tikanga whakahaere framework for mauri as a best practise model as a Māori kaupapa framework. The meeting discussed the difference between a mauri framework and a mauri model. The meeting concluded that a “framework” sets out the process, considerations and how tangata whenua, mana whenua, ahi ka or haukāinga are empowered to carry out their “tikanga” (the principles and values of mauri) “whakahaere” (in an agreed process). The framework ensures that the findings from the mauri assessment are binding on parties involved in the resource consent process and that the mauri assessment can’t be avoided or disregarded in making the final decision. Other points included:

• The integrity of the frame work is maintained through transparent decisions about what the priorities are for the mauri of that site and its environment.

• The framework should recognise the Treaty of Waitangi, best practice models, international conventions and other RPS methods and Iwi policy provisions.

• The framework is used by all users Māori and non-Māori.

• The framework needs to be defendable in hearings and the environment court and a tool that is supported and promoted by Iwi, hapū and whanau in Te Moana o Toi. Being


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inclusive and addressing the matters that non Māori would consider important i.e. what are the economic, social, environmental and cultural benefits of assessing mauri.

A “mauri model” is a tool that simulates environmental conditions prior to the effects of the activity. This takes into account the environmental conditions that are being assessed at the time and then considering the effects on the site from new activities. The model is subjective and measures what is happening in the simulation and the effects on mauri indicators.

Dr Kepa Morgan introduced the Aashukan Declaration from an indigenous conference he attended in March 2017 as an international framework the workshop could review. The framework includes the following 4 components:

1. ‘Indigenous Peoples’ Rights are the foundation upon which all discussions must be initiated. Following international best practices, this includes territorial Rights, the Right to self-determination and the Indigenous Right to say YES or NO.

2. Relationships must have integrity and be based on humility, respect, reciprocity, community empowerment, sharing, mutual learning, and sustained and long-term engagement. Our timelines are based on our values, processes and social organization, and should be respected.

3. Processes must achieve clear communication, transparent decision making, be inclusive and be founded on the worldview of the Indigenous Peoples that are impacted.

4. Outcomes must be multi-faceted and oriented towards mutual benefits, a commitment towards the prevention of harm, and the enhancement of the well-being of Indigenous Peoples based on their own definitions and criteria.”

These principles were discussed and compared with Iwi and hapū co-governance / co-management framework used by Carlton Bidois and the Department of Conservation to produce the following “tikanga whakahaere framework” in the table below: Table 1 Four principles of the “tikanga whakahaere framework” suggested by the Ngāti Makino cluster with relevant actions and comments.

Mana Tuku Iho – (Indigenous Values

and Rights)

Mana Whakahono (Relationships)

Mana Whakahaere (Engagement

Process)

Mana Motuhake (Assessment Outcomes)

Empowers the mana whenua or ahikāroa to undertake the assessment of mauri.

Whanaungatanga, Iwi working with Iwi, hapū and local and Toi Moana.

Collaboration, mutually beneficial for all parties.

Mana Motuhake / Rangatiratanga (self-determination).

Māori world view of Te Taiao. Physical, observations.

Manaakitanga (the process of respect, generosity and care for others)

Kanohi ki te kanohi engagement at the marae.

Active protection and restoration of the mauri of natural resources.

Pūkenga, kaumātua and kuia are involved.

Tau utuutu (reciprocal relationships)

Transparent, accountable and robust.

Enhancement of mauri of natural resources.

Mātauranga Māori (traditional Māori knowledge).

Hapū wānanga on proposal, issues and response.

Responses to process to mana whenua issues

Training and development for Iwi / hapū and Toi Moana.

Taonga tūturu, sites of significance and other resources.

Rangatiratanga for Iwi and hapū

Genuine engagement with Iwi and hapū.

Sustainability of natural resources.

Whakapapa and Mutual sharing of Iwi / Clear communication Reinforces those


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Mana Tuku Iho – (Indigenous Values

and Rights)

Mana Whakahono (Relationships)

Mana Whakahaere (Engagement

Process)

Mana Motuhake (Assessment Outcomes)

whakawhanaunga-tanga.

Māori learnings and knowledge with Toi Moana and others.

between parties. principles and values expressed in the in mana tuku iho column. Kaitiaki roles and

kaitiakitanga responsibilities.

Founded on the. world view of indigenous peoples.

If it needs to be monitored, it needs to be assessed.

Strengthens the relationship between Iwi / hapū & Toi Moana.

Holistic / uses all information available.

Prevention of harm.

Tapu and noa principles.

Takoha (gift, pledge, or donation).

Responsive and respectful.

GIS compatible and kaitiaki apps?

Opportunity to meet on site as well as the marae.

Mutual respect. Inclusive and binding on all parties. Accurately reflects different understandings.

Monitoring against previous forecasts and cumulative effects.

The proposed framework can also be represented in the flow chart below.

Figure 3 Describes the relationships between the four components of the mauri assessment framework.


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The Makino Collective developed an initial tikanga whakahaere framework based on their collective understanding of mauri as iwi and hapū practitioners. The proposed framework comprises four core components that follow a sequence of stages as detailed in the table and summarised in the flowchart above.

The framework seeks to empower and resource mana whenua in the assessment process by providing the applicant and the Toi Moana with a detailed overview of the traditional information and relationships mana whenua use in the assessment process.

“Mana tuku iho” describes the foundation of indigenious knownledge (mātauranga Māori) and cultural expertise that is inherent with the mana whenua tikanga and kawa (traditions, customs and protocols) associated with their observations and practices of kaitiaikitanga over the land and other natural resources in the area. Mana whenua can be represented by land owners, / trusts, marae, hapū and or Iwi entities.

The relationship principles of whanaungatanga, manakitanga, tau utuutu and rangatiratanga occur under “mana whakahono” at three primary levels. The first level are those relationships between mana whenua and those natural resources in the rohe. Secondly relationships are with overlapping interests with neighbouring kin groups in the area. The third tier of relationships with the wider community including applicants and Toi Moana. These relationship principles are intergrated across the other three components of the framework.

The mana tuku iho and mana whakahono components both contribute to the “mana whakahaere” engagement process. Mana whenua meet collaboratively with applicants and or Toi Moana to reach agreement on the mauri assessment process.

The outcomes from the mauri assessment framework will be recognised and incorporated into the outcomes of the mana motuhake process. The mana whenua groups or groups that will be incoroporated into outcomes phase outlined as “mana motuhake.”

However, the key trigger for the framework is the ability of Regional, District and City Council’s to identify the hapū and Iwi group or groups who have the mana whenua interests in the area to participate in the process. Without this direction from Toi Moana in identiftying the most appropriate tangata whenua groups with these relationships to meet with applicants the mauri framework is unlike to suceed. Hence, Toi Moana have a significant responsibility in implementing the current Iwi resource menagement provisions in the Regional Policy Statement to give effect to this mauri engagement framework.

Section 35A in RMA requires all territorial authorities to maintain their respective Iwi and hapū contact information data base to ensure they can identify the appropriate mana whenua entities.

Further development of this framework is required with the members of the Makino collective workshop to confirm the discussion and consider how this approach could be further refined and discussed across the region with the Komiti Māori.

The Makino Collective were also considering the option to develop the mauri framework independently of the Toi Moana and not go through the RMA Schedule 1 notification process as a separate plan change.

2.4.2 Whakatohea kaitiakitanga framework

Whakatohea Māori Trust Board use their original Iwi Management Plan “Tāwharau o ngā Hapū o Whakatohea” from 1993 and are currently updating the plan with Toi Moana. The kaitiakitanga principles and values recognised in the 1993 Tāwharau Plan are still applicable today. The principles of kaitiakitanga that are practised by Whakatohea are based on a system of


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traditional tikanga values undertaken by kaitiaki to care and manage their taonga (natural resources) in a holistic approach. These traditions, philosophies, concepts and values of the natural world originate from the origins of Ranginui and Papatūānuku to create:

• Te taha tinana (the physical reality – i.e. body) • Te taha hinengaro (the intellectual plane – i.e. mind) • Te taha wairua (the spiritual realm – i.e. spirit)

Figure 4 The three guiding principles of Whakatohea; Te taha tinana (the physical reality), Te taha

hinengaro (the intellectual plane), Te taha wairua (the spiritual realm).

The children of Ranginui and Papatūānuku created, settled and maintained different domains from the sky, to the mountains, rivers lakes and the sea; passing the mana to their children and breathing the mauri or life force which emanates from Io to each Atua. These traditions recount and recognise how all things in the natural world are interrelated and interconnected through whakapapa (genealogy). The transfer of mauri (the essence of life) and mana (authority) from Io Matua to Ranginui and Papatūānuku and on to their children, the Atua; Tangaroa, Tāwhirimātea Tāne-mahuta, and eventually down to people through Hineahuone.

Ngā Taonga o Whakatohea refers to all tangible or intangible taonga (property, resources, people, tribal treasures etc.) that contributes to the tribes intellectual, physical and spiritual wellbeing.

With the passing of mana are also the responsibilities of kaitiakitanga to one creators, Whakatohea as Tangata Whenua with mana whenua belong to the land and have kaitiaki responsibilities to it and maintaining the balance between the three elements of tinana, hinengaro and wairua.”

“Mauri generates, regenerates and upholds creation, binding physical and spiritual elements of all things together. When something dies, the mauri is no longer able to bind those elements together and thereby giving life. Without mauri nothing can survive.”


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This framework has stood the test of time from their 1993 Iwi management plan as these three elements are is still being assessed by the Whakatohea Board in 2017.

2.4.3 Effectiveness of Method 44

Concerns were raised that the ‘weight’ behind these assessments would not be sufficient to make an impact on decision making. Tangata whenua feel that often it is the economic aspect that takes precedence over any other (i.e. environmental and cultural).

Another concern raised is whether the acceptable quality and standards of the environment are lower than the expectations of tangata whenua. If so, the issue then arises if the scientific standards override the cultural/mauri standards.

Ngāti Whakaue ki Maketu commented that the development of a mauri assessment framework is a good opportunity for Māori but the implementation success is a concern. Ngāti Makino also mentioned that they hope that the process doesn’t stop at producing a report and that this project continues to develop into something meaningful.

2.4.4 Lack of capacity

A few tangata whenua groups mentioned that the increased growth and development is increasing direct, indirect and cumulative effects on the environment, and with the increasing activity hapū are finding it harder to engage effectively due to their level of capacity.

As well as this, tangata whenua are being asked to engage on a number of small projects whilst they are attending to other priorities of higher levels (e.g. national policy and NPS submissions) further exceeding their level of capacity.

Furthermore, the lack of capacity and resources that the tangata whenua groups hold have often left them providing a reactive approach to the initiatives of council and consent applications which stretch their capability. Tangata whenua strive to develop a proactive approach by developing up to date and well informed hapū management plans to avoid repetition and unnecessary work.

2.4.5 Request for further discussion

The request for further discussions with Iwi regarding this project was one of the most common issues raised. This was twofold;

1. Iwi considered that restricting the number of meetings to one per iwi for the development of a new framework was unrealistic and not a good process that builds trust and understanding between Iwi and Toi Moana. Some Iwi also thought that the discussion of mauri would have been time in the context of the mātauranga Māori strategy and Te Mana o Te Wai.

2. Participants also agreed that this discussion and any framework must be progressed with the wider Iwi, hapū and kaitiaki across the whole region i.e. Komiti Māori.

“The Rūātoki Lands Trust thought it was a good approach however, it was recognised as only the beginning and would require further workshops with hapū or collective wānanga to confirm the framework.”


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2.5 The Role of Toi Moana As outlined above, tangata whenua and mana whenua support the opportunity to develop, implement and monitor a mauri assessment tool. An iwi developed assessment tool will provide structure for tangata whenua to engage with council at a regional and local level.

The role for Toi Moana is to implement the effective use of the RPS objectives, policies and methods that will give effect to the environmental issues raised by tangata whenua, including Method 44. Key themes regarding the role of Toi Moana revolved around strengthening tangata whenua relationships and where appropriate providing adequate resources for engagement.

2.5.1 Relationships with Iwi

Working together is key to efficient and constructive progress. Tapūika highlighted that it is essential to build positive working relationships with Toi Moana to progress a mauri model. Tangata whenua considered their relationships with Toi Moana in the past have not always met their requirements and expectations to address current and future matters of significance to tangata whenua i.e. water allocation, mātauranga Māori and mauri.

Toi Moana have a wide spectrum of relationships with Iwi including Treaty Settlements arrangements (i.e. co-governance and co-management agreements) in managing natural resources. The recently announced Mana Whakahono a Rohe agreements will provide opportunities for Iwi and hapū to develop formal relationships with Toi Moana.

Iwi raised the issue of staff turnover at Toi Moana has contributed to some of the relationships issues with Toi Moana. Often the relationship is with the person within the council role and once they leave the relationship is lost and has to be rebuilt with a new staff member. This takes a lot of time and can become repetitive, tiring and inefficient to respective parties.

2.5.2 Communication with Iwi Communication is expected to be made with the right people with the relationships, in a clear way which they understand and with a sufficient time to be able to develop an effective response. Communication is seen as a key to maintaining effective working relationship, with most of the participants agreeing the that current standard of communication could be improved to address a lack of information and late notification.

The resource consents process was identified as one of those areas of concern for tangata whenua where they have insufficient amount of time to provide an effective input into the process. The ability to require consultation with affected tangata whenua in the pre application phase of the process would assist with this situation.

Given the importance of the kaupapa some participants felt that Toi Moana staff should have been present at the meetings and a few were unclear on what was required of participants at the meeting.

“Ngāi Te Rangi has a kaitiaki forum and they mentioned that it would have been more effective to have been informed about the hui and the project earlier to be able to notify the forum of this project. They suggest that BOPRC could ensure that their point of contact is up to date and that enough time and information is providing to adequately disperse information.”


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2.5.3 Resourcing engagement with Iwi

The engagement for kaitiaki to prepare an assessment on mauri on a natural resource should be prescribed in the assessment framework. This assessment on the effect of Mauri can be incorporated into the preparation of a cultural impact assessment report that provides the holistic context. Kaitiaki will also be involved in the monitoring and reporting for any mauri conditions for the consent.

“In addition to funding and supporting Iwi and hapū to undertake mauri assessments etc. is to create roles for Iwi at the same level of authority as the CEO to deal with various matters at an Iwi executive level. Māori staff need to be throughout whole structure and process to avoid the conflict and Environment Court processes.”

3.0 MATAPAKI / Discussion

3.1 Regional Policy Statement The RPS manages a series of multiple layers of actions, responses and policies to balance the community growth and development aspirations with the social and cultural environmental imperatives that challenge conservative financial business models. This is a complex relationship matrix that tangata whenua must navigate and understand to participate effectively in the management of all natural resources and in particular those taonga within their rohe.

The RPS provides for Iwi resource management policies where 6 are specific directive policies for resource consents, regional and district plans, and notices of requirement and a noted with “B” after the policy number. These 6 Iwi policies (i.e. IW 1B; IW 2B: IW 3B; IW 4B; IW 5B AND IW 6B):

• must be given effect by regional or district plans;

• consent authorities must have regard to where relevant and considering consent and any submissions received; and

• territorial authorities must have particular regard to, where relevant, when considering requirements for designations or heritage orders and any submissions received.

Iwi policy 7D and 8D are identified as guiding policies that outline actions to help achieve the policy objectives.

While a lot of good work has gone into the Iwi resource management issues, objectives, policies and methods in the operative RPS. The implementation of the methods such as Method 44 need to support the aspirations of Iwi and hapū to be involved in local and regional decisions without challenges in the Environment Court.

The RPS provides directive and guidance methods / actions to implement the policies and objectives. The four directive methods associated with the Iwi resource management policies include:

• “Method 8, to identify areas or sites in the coastal environment of significance or special value to Māori;


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• Method 11, recognise statutory acknowledgement areas (e.g. within Treaty settlements, added for this report)

• Method 12 Take into account Iwi and hapū management plans in the assessment of environmental effects and,

• Matakana Island plan.”

These methods must be given effect by regional and district plans.

The majority of the methods associated with the Iwi resource management policies are guidance in nature and seek to advance, enhance and promote the implementation of those policies. For some of the tangata whenua participants we spoke with, the directive of method 3 falls short in practice on the ground on the methods identified in this report.

For example, elevating Methods 41 and 42 as directives to promote consultation with potentially affected tangata whenua reinforces the requirement of early engagement based on tikanga Māori with mana whenua groups at the pre application phase.

Method 45 provides for the engagement of tangata whenua in the development of regional plans, provides the opportunity for tangata whenua involvement at a strategic regional development level of planning across the region. Iwi and hapū practitioners know that relying on the resource consent process to protect their cultural resources and relationships is not a solution it is merely business as usual and facilitates the continued loss of these relationships.

It is noted that Method 3 gives effect to a range of policies including the Iwi resource management polices with respect to “resource consents, notices of requirement and when changing, varying, reviewing or replacing plans” are important to tangata whenua. However, Method 44 also refers to additional RMA processes of:

• state of the environment monitoring, and

• monitoring the efficiency and effectiveness of plan provisions

To achieve the successful implementation of Method 44, it must be in the context of other methods and not addressed in isolation. All iwi resource management methods and policies should be applied to work together to recognise and provide for the environmental values and principles of whanau, hapū and Iwi needs to be understood by all councils.

3.1.1 Mātauranga Māori

Tangata whenua are clear that mauri plays a significant role and is a core principle in the Māori management of natural resource. As many of the participants articulated the essence of mauri from its divine original from the Atua to their children and then on all living things including people.

Some participants were concerned around how mātauranga Māori and intellectual property associated with mauri provided by kaitiaki / mana whenua would be used by Toi Moana. Iwi wanted to ensure that mātauranga remains with the original sources and not Toi Moana.

It would seem that these valid concern and queries raised by participants may have been addressed through the outcomes and direction from the mātauranga Māori project due for completion in December 2017. It is important that the implementation of Method 44 Developing Mauri Models aligns and is progressed with the Mātauranga Māori project.


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The Waitangi Tribunal Report “Ko Aotearoa Tēnei” Wai 262 Volume 1 and 2 (2011) provides public access to detailed explanations on the origins of mauri in the natural environment and inanimate taonga, art forms and building. This report would have been part of the literature review for the Mātauranga Māori project.

Tangata whenua raised the concern that they may need to provide evidence to justify outcomes of assessments which may require tangata whenua to provide more information than they are comfortable providing. There were concerns that a framework may not be effective for tangata whenua and therefore it may not be worth investing time into the project.

3.2 Mauri Frameworks

3.2.1 Recognition of Mana Whenua

The strongest points raised by tangata whenua in respect to the development of any framework was that it must be initiated and developed with mana whenua group or groups who are associated with the site, area and or resource.

The frame work must also resource and empower mana whenua to be engaged and work with applicants and or Toi Moana. This gives effect to Policy IW 2B: Recognising matters of significance to Māori; Proposals which may affect the relationship of Māori and their culture and traditions must:

(a) “Recognise and provide for:

(i) Traditional Māori uses and practices relating to natural and physical resources such as mahinga, mātaitai, waahi tapu, papakāinga and taonga raranga;

(ii) The role of tangata whenua as kaitiaki of the mauri of their resources;

(iii) The mana whenua relationship of tangata whenua with, and their role as kaitiaki of, the mauri of natural resources;

(iv) Sites of cultural significance identified in iwi and hapū resource management plans; and

(b) Recognise that only tangata whenua can identify and evidentially substantiate their relationship and that of their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga.”

The ownership of the mātauranga Māori associated with the project will always remain with the mana whenua.

3.2.2 Whakatohea Framework

The kaitiakitanga framework developed by Whakatohea provides a concise approach that allows their kaitiaki to describe the essential components of tinana, hinengaro and wairua that form the mauri of their natural resources in a traditional context. The framework is easily understood by all age groups and levels of engagement including whanau, hapū, Iwi and land trusts. The framework can be easily applied to all natural resources types from the mountains to the sea and is owned and controlled by Whakatohea kaitiaki.


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The engagement with local authorities, Toi Moana and wider Whakatohea community will be initiated by Iwi or in response to resource consent applications or other RMA requests.

3.2.3 Ngāti Makino Cluster

The Ngāti Makino Collective framework includes the 3 core values identified in the Whakatohea model and incorporates strengthen relationships with engagement protocols and outcomes process. The initial details of each of the four principles have been raised for discussion and debate with the original architects and the wider the tangata whenua participants across the Bay of Plenty region. The framework seeks to break new ground by going beyond the boundaries of just an assessment tool for mauri but seeking the opportunity to address the gaps in the existing resource consent process and the participation in the decisions making process.

There are challenges for both Iwi and Toi Moana in this framework. The process will rationalise the working relationships between Iwi, hapū, mana whenua and land trusts in the engagement, administration and communications roles and functions for the framework. While the Toi Moana will have its own challenges on giving effect to the RPS provisions to resource and engage tangata whenua in implementation of the Iwi resource management policies and methods.

Further refinement of this framework between Toi Moana and Iwi is required before it is circulated to a wider Iwi / hapū forum for consideration.

3.2.4 Benefits to Tangata Whenua

Tangata whenua agree that mauri is continually being degraded over time by the cumulative impacts of population growth and the rate development required to keep pace with the rate of growth. It is clear that the greatest opportunities to effect change on the environment are at the high strategic level of growth and development. A mauri assessment framework that is applied at this strategic level will have greater environmental effects and benefits for Iwi/hapū, and the whole Toi Moana region.

The implementation of Method 44 framework will require the support of other methods and policies identified in figure 3 as well as an effective Iwi engagement, capacity building and communication framework will also assist the resource consent and monitoring process for tangata whenua. The resource consent process is shown in the chart below (Figure 5) including the RPS provisions in the pre-application phase, consultation triggers, mauri assessment toolbox and monitoring options in the council decision.

Equally, the same framework could be incorporated into state of the environment reports. This application can be used to determine the potential adverse effects from a proposed activity on the mauri of the environment and identify ways to avoid, remedy, or mitigate these effects.

Some Iwi have also suggested the development of a regional toolkit of existing assessment frameworks and models that could assist tangata whenua with their assessments of effects on the mauri of natural resources. A mauri assessment toolkit with current frameworks and models would provide tangata whenua with a repository of current tangata whenua practise tools as working examples. Key aspects of a toolkit are:

• Repository of mātauranga Māori practise models from around the Country will encourage others to participate in the process.


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• Iwi and hapū don’t have to “reinvent assessment models/frameworks” for similar environmental scenarios or consents that have already been develop by other Iwi groups from around the country.

• A toolkit would assist in providing a timely and costs effective response. • Hapū/iwi can lead the development of new of assessments models and frameworks. • Encourages/promotes Iwi/hapū diversification. • Toolkits will assist hapū/iwi and council staff.


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Figure 5 Flow chart of where a mauri assessment will sit within the resource consent application.


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4.0 TE WHAKAMUTUNGA / Conclusion The purpose of this report was to inform Toi Moana on the possible frameworks, tools or models Iwi and hapū use to measure the effects on the mauri of their natural resources. The report is based on the outcomes from consultation meetings or interviews organised by the Toi Moana between Iwi representatives and Boffa Miskell Ltd. It was envisaged that Iwi would be prepared to share this type of information and their preferred methods.

All of the participants agreed that mauri was an important value and principle to tangata whenua in the management of the whole environment and natural resources. Kaitiakitanga revolves around the maintenance and management of the mauri of individual and collective environments and natural resources.

Two mauri frameworks have been suggested from the consultation interviews and are promoted by BML in this report. The proposed frameworks have not been discussed with the other tangata whenua participants or exchanged between Whakatohea and the Ngāti Makino collective group.

The Whakatohea kaitiakitanga framework focussed on the three core values of mauri being te taha tinana, te taha hinengaro and te taha wairua that exists within all of their taonga and the natural resources. The framework is controlled by Iwi, is easily applied and determined by hapū and mana whenua to any natural resource.

The Ngāti Makino tikanga whakahaere framework was developed from a specific workshop during the interviews and is based on their collective understanding of mauri as iwi and hapū practitioners. The framework seeks to empower and resource mana whenua in the assessment process through the implementation of the provisions in the RPS to ensure tangata whenua are engaged and in particular Policy IW 2B: Recognising matters of significance to Māori, and IW 5B adverse effects on matters of significance to Māori.

Some Iwi participants also expressed the idea of developing a regional toolkit or toolbox of assessment frameworks and models that tangata whenua could utilise as part of the assessment process. This would assist Iwi in identifying the key components for an assessment framework or model and learning from their experiences.

The majority of tangata whenua interviewed could see the positive opportunities of developing a framework that was supported by Toi Moana regional policies tools and resources. At the same time some tangata whenua were sceptical of the framework being supported by large land developers and the private business sector and would require further consultation.

Some tangata whenua interviews revealed that Iwi were not prepared to share their processes and were unable to develop a specific assessment framework from a single consultation meeting. Tangata whenua have requested further meetings with additional mana whenua representatives at marae to collate a wider view on a framework.

In conclusion, the interviews have for the most part indicated a positive interest in developing ways to assess mauri. It’s believed that by addressing the issues outlined by tangata whenua in this report that the initial scepticism and relationship issues raised against the project can be alleviated to provide positive progress towards developing ways to measure mauri. We believe that methods for assessing mauri can be achieved and would be better developed through investing more time and integration with the Mātauranga Māori project.


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5.0 TŪTOHUNGA / Recommendations Based on the consultations undertaken with tangata whenua and our assessment, we make the following recommendations:

The following recommendations have been developed by the BML team based on the initial consultation undertaken with tangata whenua and our experience and expertise in working with Iwi and hapū practitioners and territorial authorities’ on the environmental management processes. We did not have the opportunity to workshop the proposed mauri assessment framework with the original tangata whenua participants.

The following represents an option for continued discussion between Iwi / hapū and Toi Moana.

Mauri Assessment Framework

A mauri assessment framework could be used for assessing applications for resource consent, monitoring consented activities, monitoring the state of the environment, and monitoring the efficiency and effectiveness of plan provisions, where these involve matters of significance to Māori.

Important notes that support and enhance the framework:

• Recognition that the people who have the traditional cultural relationships with an area, site or natural resources, and maintain the mana whenua (recognised local authority), are the first point of contact for the assessment of mauri under the mauri assessment framework.

• To facilitate the identification of the mana whenua groups, Toi Moana and other local councils must maintain and provide access to accurate information on the rohe (boundary/areas) for each Iwi across the Bay of Plenty region for the general public/potential applicants to identify who they need to consult with to carry out the assessment. Not all local authorities provide this information to the applicants. However, this information can be obtained from various sources including Te Puni Kokiri, Te Kahui Māngai website, Treaty of Waitangi Settlement legislation deeds and also Iwi/hapū environmental management plans

• The mauri assessment framework requires the collaboration between mana whenua, applicants in the consent process and Toi Moana with the state of the environment reports and the efficiency and effectiveness of plan provisions on matters of significance to Māori.

• Once the applicants has identify who the mana whenua groups are to engage; they can request a meeting to introduce the proposed activity/project with the appropriate entity or entities and to determine their initial information and process requirements.

1) An assessment framework could include the following stages:

a) Mana Tuku Iho (indigenous values and rights) and Mana Whakahono Relationships Principles

Mana whenua review their traditional repository of cultural information and knowledge to identify what information is required to undertake an investigation of effects on the


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mauri of the natural resources within their rohe based upon the receipt of an invitation to meet and discuss a proposal affecting their rohe.

The following information be provided to mana whenua including: site and location maps, archaeological survey and report; ecological report, location of any cultural sites of significance recorded in the regional and district plans, an indication of proposed earthworks, and effects on any waterways.

b) Mana Whakahaere

Mana whenua meet the applicant and/or Toi Moana to discuss the initial assessment of effects based on the initial information provided on the proposed activity. Both parties will determine the assessment process, timeframes, costs, required to undertake the final mauri assessment report.

c) Mana Motuhake

Mana whenua present the final report to the applicant and/or Toi Moana and agree on how the recommendations will be implemented.

Toi Moana should provide a series of information, awareness and guidance workshops and handouts on the final mauri assessment framework, internally with the consents team and presented at an appropriate the Komiti Māori meeting.

2) Mauri framework development

a) Toi Moana work with the Makino Collective and the Whakatohea Māori Trust Board to progress the development of their respective frameworks.

b) Develop a toolbox of cultural environmental assessment tools for use by kaitiaki across the region (Appendix F provides a suggested toolbox approach).

c) A review and alignment of the mauri assessment framework and the internal Mātauranga Māori Framework will be undertaken by the Māori Policy Team.

3) Toi Moana to consider:

a) As part of the 5 yearly monitoring of the effectiveness of the RPS the extent to which the iwi resource management provisions are achieving collaborate and involved engagement of iwi, hapū and kaitiaki in the resource management decision making process and how this aligns with the IAP2 levels of public engagement.

b) Consider developing a pool of Iwi technical advisors to assist Toi Moana in developing responses to the significant resource management issues facing tangata whenua across the region including for example: mauri, freshwater, climate change.

i) The Māori Policy staff to develop the scope and terms of reference for Iwi technical advisory group to assist Council on matters of significance to tangata whenua such as mauri of natural resources, how to incorporate “te mana o te wai” in the water management and allocation processes, and strengthening Council and Iwi relationships.

c) Invest time and resources into developing at least three mauri pilot projects to test and assess the mauri framework.


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d) Staff to actively promote the inclusion of mauri assessment framework when hapū/iwi are in developing or revising their environmental management plans under the RMA.

6.0 KŌHINGA KŌRERO / References Boffa Miskell Limited (2017). Method 44 Developing Mauri Models: Literature Review Report prepared by Boffa Miskell Limited for Toi Moana.

An electronic version of the Whakatohea Māori Trust Board Iwi management plan: Tāwharau o ngā Hapū o Whakatohea (1993) is not available on the Toi Moana website link below:

https://www.boprc.govt.nz/council/kaupapa-maori/hapūIwi-resource-management-plans/


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https://www.boprc.govt.nz/council/kaupapa-maori/hapuiwi-resource-management-plans/

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Ahi kā / ahikāroa: burning fires of occupation, continuous occupation - title to land through occupation by a group, generally over a long period of time (Māori Dictionary).

Atua: A god or gods (Māori) (RPS).

haukāinga home, true home, local people of a marae, home people (Māori Dictionary).

hinengaro mind, thought, intellect, consciousness, awareness (Māori Dictionary).

kaitiaki trustee, minder, guard, custodian, guardian, caregiver, keeper, steward (Māori Dictionary).

kanohi ki te kanohi face to face, in person, in the flesh (Māori Dictionary).

karakia: prayer (RPS).

kaumātua: Elder (RPS).

kaupapa Māori: Māori way or method (RPS).

kōrero: Narrative (RPS).

mana motuhake: separate identity, autonomy, self-government, self-determination, independence, sovereignty, authority - mana through self-determination and control over one's own destiny (Māori Dictionary).

mana tuku iho: inherited authority (Māori Dictionary).

mana whakahaere: governance, authority, jurisdiction, management, mandate, power (Māori Dictionary).

mana whakahono – agreement

mana whenua: territorial rights, power from the land, authority over land or territory, jurisdiction over land or territory - power associated with possession and occupation of tribal land. The tribe's history and legends are based in the lands they have occupied over generations and the land provides the sustenance for the people and to provide hospitality for guests. (Māori Dictionary)

manaakitanga: hospitality, kindness, generosity, support - the process of showing respect, generosity and care for others (Māori Dictionary).

mana whakahono a rohe: a legal agreement between Iwi and/or hapū and councils under the Section 58O of the RMA.

mātauranga: knowledge, wisdom, understanding, skill (Māori Dictionary).

mauri: The essential life force, energy or principle that tangata whenua believe exists in all things in the natural world, including people. Tangata whenua believe it is the vital essence or life force by which all things cohere in nature. When Mauri is absent there is no life. When Mauri is degraded, or absent, tangata whenua believe this can mean that they have been remiss in their kaitiakitanga responsibilities and this affects their relationship with the Atua (Māori gods). Mauri can also be imbued within manmade or physical objects (RPS).


Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review of 170

noa: to be free from the extensions of tapu, ordinary (Māori Dictionary).

pūkenga: Tangata whenua persons acknowledged by their Iwi, hapū or whānau as having the appropriate knowledge, expertise and genealogical linkages to allow them to assist kaitiaki to determine and express the group’s relationships and their culture and traditions with their ancestral lands, water, wāhi tapu, special sites and other taonga (RPS).

rangatiratanga/Tino rangatiratanga: Chiefly authority, chieftainship, full tribal authority to tribal self-management. In the context of resource management this means the right of Iwi and hapū to manage and control their resources in accord with their customary preference (RPS).

Rauemi: resource, material (Māori Dictionary).

koha: to gift, present, offering, donation, contribution (Māori Dictionary).

tangata whenua: local people, hosts, indigenous people - people born of the whenua, i.e. of the placenta and of the land where the people's ancestors have lived and where their placenta are buried (Māori Dictionary).

taonga: Treasure, property; taonga are prized and protected as sacred possessions of the tribe. The term carries a deep spiritual meaning and taonga may be things that cannot be seen or touched. Included for example are te reo Māori (Māori language), Waahi Tapu, waterways, fishing grounds and mountains (RPS).

tapu: Sacredness or beyond common usage (RPS).

tau utuutu: speaking procedure where local and visiting speakers alternate (Māori Dictionary).

taiao: world, Earth, natural world, environment, nature, country (Māori Dictionary).

tikanga Māori: Māori customary values and practices (RPS).

tikanga whakahaere: management practices (Māori Dictionary).

Tinana: body (Māori Dictionary).

waahi tapu: A place sacred to Māori in the traditional, spiritual, religious, ritual or mythological sense. (Section 2, Historic Places Act 1993.) (RPS).

wairua: Spirit (RPS).

wānanga: to meet and discuss, deliberate, consider (Māori Dictionary).

whakapapa: genealogy, genealogical table, lineage, descent (Māori Dictionary).

whakawhanaungatanga: process of establishing relationships, relating well to others (Māori Dictionary).

whānau: The extended family, i.e. grandparents, parents, and children, sharing a mutual existence (RPS).

whenua: Land, placenta (RPS).




1. What is your Iwi / hapū view on the mauri of your natural resources?

2. How and when do Iwi make these assessments / observations?

3. Who assess the mauri in your Iwi, hapū and or whanau? a. Individual or collective assessments? b. When do Iwi hapū assessments occur? c. Kaitiaki, kaumātua / kuia, pākeke, pūkenga?

4. What are that values and attributes that define Mauri for your Iwi / hapū? Examples of these

are identified in the literature review report. 5. Is mauri constantly changing or moving each day and constant over time?

a. What determines the changes in the mauri? 6. Is the mauri difference for a river, lake, coastline and land?

a. For example, the different sounds, smells, look and flow associated with each area / place?

b. What kai was harvested from each area and traditional quantities? What kai and quantities are collected today?

c. What traditions and practises were used to enter each domain / area to harvest kai and other resources?

d. What conditions or signs were seen to be favourable to harvest kai or resources from the area i.e. maramataka, seasons, tides etc.?

e. Are these customs and traditions continued today? f. What is the state of mahinga kai resources today?

7. How can Iwi and hapū assist BOPRC in understanding the use and significance of mauri as

an environmental measurement tool for Te Moana o Toi? 8. What role should BOPRC play in the assessment of mauri?

9. What information from BOPRC would assist Iwi and hapū in the assessment process? 10. How should mauri be recognised and provided for in the regional plan?



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Issues / Topic Objective: Policy: Method: Responsible: Monitoring:

Water Quantity

10 - Cumulative effects of existing and new activities are appropriately managed

• Policy WQ 3B: Allocating water

44 Toi Moana Objective 10; AER, P220.

Integrated Resource

Management

12 The timely exchange, consideration of and response to, relevant information by all parties with an interest in the resolution of a resource management issue

• Policy IR 4B: Using consultation in the identification and resolution of resource management issues.

• Policy IR 5B: Assessing cumulative effects – (b) Incremental degradation of matters of significance to Māori including cultural effects (in accordance IW5B)

44

44

Toi Moana Objective 12; AER, P221.

Iwi Resource Management Objectives:

17 - The mauri of water, land, air and geothermal resources is safeguarded and where it is degraded, where appropriate, it is enhanced over time

• Policy IW 2B: Recognising matters of significance to Māori.

• Policy IW 5B: Adverse effects on matters of significance to Māori.

• Policy IW 6B: Encouraging tangata whenua to identify measures to avoid, remedy or mitigate adverse cultural effects

• Policy WQ 3B: Allocating




Issues / Topic Objective: Policy: Method: Responsible: Monitoring: water

Water Quantity

21 - Recognition of and provision for the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga



Water Quantity Table 10

30 - The quantity of available water: (a) Provides for a range of uses and

values; (b) is allocated and used efficiently; (c) safeguards the mauri and life supporting

capacity of water bodies; and (d) meets the reasonably foreseeable

needs of future generations.





Integrated Resource Management Objective 10 • AER - Cumulative and precedent effects are assessed in resource management decision making

processes. • AER - Resource use and allocation is within their design parameters or natural and physical carrying

capacity. Monitoring Indicators include: > High compliance levels with consent conditions and reduction of incidence of illegal activities

requiring enforcement action. > State of the environment reports show a positive trend towards environmental improvement for

the region’s natural resources. Integrated Resource Management Objective 12 • Stakeholders and iwi authorities are satisfied with their involvement in resource management decision

making. Monitoring Indicators include: > Regular iwi and stakeholder perceptions surveys show high levels of satisfaction with the

provision of opportunities for their involvement in resource management decision making processes.

Iwi Resource Management Objective 17

• Improvement in the state of the region’s water, air, land and geothermal resources where their mauri has been degraded.

Monitoring Indicators include: > Regular perception surveys show iwi authorities agree the mauri of water, land, air and

geothermal resources within their rohe has been sustained or improved. Water Quantity Objective’s 21 • Resource management decisions consistently recognise and provide for the relationship of Māori and

their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga. Monitoring Indicators include:

> The region’s iwi and hapū agree that local authorities promote a range of means by which relationships with tangata whenua are formalised and implemented.

> Regular iwi perception surveys > Five yearly section 35 monitoring reports identify extent to which the use of criteria consistent

with those in Regional Policy Statement Appendix F Set 4 (Māori culture and traditions) are used in relevant resource consents and plan change processes.

> Positive trend shown from undertaking a regional baseline survey and regular reviews to compare state of regions’ cultural historic heritage resources, including those identified in district plans, regional plans, iwi and hapū resource management planning documents.

Water Quantity Objective’s 30 • The ecological, cultural, recreational and amenity values of water bodies are maintained. • The health of aquatic ecosystems is safeguarded. • The quantity of available water meets the reasonably foreseeable needs of future generations. Monitoring Indicators include:

> Positive trend shown from undertaking a regional baseline survey and regular reviews to compare state of regions’ cultural historic heritage resources, including those identified in district plans, regional plans, iwi and hapū resource management planning documents.


Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Literature Review

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Appendix D: The Aashukan Declaration The Aashukan Declaration

We, the participants of Aashukan, have gathered over four days in Waskaganish, Eeyou Istchee, the traditional territory of the James Bay (Qc) Crees, in March 2017. Our experiences and the guidance passed on from our respected elders, past and present, have taught us to be responsible for our ecosystems of origin; our peoples have flourished based on these principles for hundreds of generations. The geographic specificity of Indigenous Knowledge is the fundamental way of knowing our ecosystems of origin. We wish to continue to engage in all efforts to live more harmoniously with the Earth for the benefit of all of humanity.

In Waskaganish, we have shared story with regards to our origins and identities, and our experiences in protecting and enhancing our land and culture, which are intimately intertwined. Development has affected and altered all our lives in profound and lasting ways. As such, we address the following message to the Impact Assessment community. Impact Assessment must meet the following principles regarding

Indigenous Peoples’ rights, relationships, processes, and outcomes.

• Indigenous Peoples’ Rights are the foundation upon which all discussions must be initiated. Following international best practices, this includes territorial Rights, the Right to self-determination and the Indigenous Right to say YES or NO.

• Relationships must have integrity and be based on humility, respect, reciprocity, community empowerment, sharing, mutual learning, and sustained and long-term engagement. Our timelines are based on our values, processes and social organization, and should be respected.

• Processes must achieve clear communication, transparent decision making, be inclusive and be founded on the worldview of the Indigenous Peoples that are impacted.

• Outcomes must be multi-faceted and oriented towards mutual benefits, a commitment towards the prevention of harm, and the enhancement of the well-being of Indigenous Peoples based on their own definitions and criteria.

We believe that Impact Assessment is a pedagogical process that involves mutual learning and can be tremendously rewarding for all parties involved. We invite the Impact Assessment community to apply these principles in their work with Indigenous communities to achieve the unrealised potential of fully participatory processes.

We may support development, but not at any price!

We welcome Impact Assessment, but not of any kind!

We represent the Eeyou, Anishinaabe, Saulteaux, Secwepemc (North America), Aymara (North Chile), Ainu (Hokkaido), Karipuna and Tiryió Kaxuyana (Amazonia, Brasil), Masahua (Sierra Norte de Puebla, Mexico), Saami (Swedish part of Sápmi), Nuudelch Malchid (Mongolia), Tangata Whenua (Aotearoa New Zealand), Kalinago Carib (Trinidad Tobago and Dominica), Nganguruku (First Peoples of the River Murray Mallee) and Ikwerre (Niger Delta) Nations.

The declaration was signed at the International Association for Impact Assessment Annual Conference following the Opening Plenary in Drummond West, Le Centre Sheraton, Montreal, Canada on April 4, 2017.

Key learnings from the IAIA17 conference are that Indigenous Peoples and their knowledge systems have a yet to be realised contribution to make to Global Efforts to Address Climate Change. The

Appendix D: The Aashukan Declaration


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Aashukan Declaration is a best practice guide to more effectively realising this contribution. The Aashukan Declaration communicates the expectations of Indigenous Peoples with regard to best practice in Impact Assessment.


Set 4 Māori culture and traditions

Policies EI 5B, IW 2B, IW 5B, MN 1B, MN 3B, MN 7B and MN 8B

Methods 1, 2, 3, 11, 12 and 70

Mauri

4.1 Ko te mauri me te mana o te waahi, te taonga rānei, e ngākaunuitia ana e te Māori.

The mauri (for example life force and life supporting capacity) and mana (for example integrity) of the place or resource holds special significance to Māori.

Waahi Tapu

4.2 Ko tērā waahi, taonga rānei he waahi tapu, arā, he tino whakahirahira ki ngā tikanga Māori, ki ngā puri mahara, me ngā wairua ā te Māori.

The place or resource is a waahi tapu of special, cultural, historic and or spiritual importance to Māori.

Kōrero Tūturu/Historical

4.3 Ko tērā waahi e ngākaunuitia ana e te Māori ki roto i ōnā kōrero tūturu.

The place has special historical and cultural significance to Māori.

Rawa Tūturu/Customary resources

4.4 He waahi tērā e kawea ai ngā rawa tūturu ā te Māori.

The place provides important customary resources for Māori.

Hiahiatanga Tūturu/Customary needs

4.5 He waahi tērā e eke ai ngā hiahia hinengaro tūturu a te Māori.

The place or resource is a venue or repository for Māori cultural and spiritual values.

Whakaaronui o te Wā/Contemporary Esteem

4.6 He waahi rongonui tērā ki ngā Māori, arā, he whakāhuru, he whakawaihanga, me te tuku mātauranga.

The place has special amenity, architectural or educational significance to Māori.



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Appendix F: Suggestion for a Mauri Model Toolkit The purpose of the mauri model tool kit is to provide mana whenua with options, guidance and ideas to assist in assessing mauri. The tool kit contains models which have been developed and used to assess mauri of various environments.

The tool kit will sit outside of the RPS as a resource for mana whenua and applicants and will be flexible for change to include any future developed models or improvements to existing models. It is suggested that the tool kit remains in a repository under the Māori Policy team.

It is up to mana whenua whether they decide to use models/tools within the tool kit.

The tool kit is provided in two parts;

1. Summarised within the literature review by Boffa Miskell Limited (2017) and,

2. As an index of tools along with key references/links provided below;

1) Freshwater

a) Cultural Health Index (CHI) Key Reference/Link: http://www.mfe.govt.nz/publications /fresh-water/using-cultural-health-index-how-assess-health-streams-and-waterways/why-0

b) Mauri Compass Key Reference/Link: http://www.mauricompass.com/

2) Wetlands

a) Māori Environmental Performance Indicators for Wetland Condition and Trend Key Reference/Link: http://www.landcareresearch.co.nz/publications/researchpubs/harmsworth_monitoring_wetlands.pdf

3) Coastal

a) Tauranga Moana, Tauranga Tāngata: Coastal Cultural Health Index for Te Awanui, Tauranga Harbour Key Reference/Link: http://www.mtm.ac.nz/cchi/

4) All environments

a) State of the Takiwā (SoT) Key Reference/Link: https://www.takiwa.org.nz/

b) Mauri Model Decision Making Framework Key Reference/Link: http://www.mauriometer.com/

c) COMAR (Cultural Opportunity Mapping, Assessment and Response) Key Reference/Link: http://comar.co.nz/

Appendix F: Suggestion for a Mauri Model Toolkit


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APPENDIX 2

Iwi Perceptions Survey Questions, December 2017

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The aim of this survey is to gain your feedback on:

- The usefulness of iwi resource management tools in the Bay of Plenty Regional Policy Statement(RPS)- Any experience you or your iwi/hapū or whānau have had with Regional resource consentsprocesses.

IWI RESOURCE MANAGEMENT TOOLS IN THE REGIONAL POLICY STATEMENT

The RPS includes tools relevant to kaitiakitanga, development of multiple owned Māori land,partnership and co-management agreements, iwi and hapū resource management plans, maurienhancement of natural resources and recognition and provision for the relationships of Māori andtheir ancestral taonga. Your views will be used to assess iwi perceptions on the extent to whichthese iwi resource management provisions are being implemented by regional, district and citycouncils in the Bay of Plenty region. REGIONAL COUNCIL AND DISTRICT COUNCIL RESOURCE CONSENTS PROCESSES Your experience with Regional Council resource consents processes and district councils resourceconsents processes are also important to us. We ask that you identify the name of the district orcity council that your comments relate to on page 2 of the survey.

Thank you for taking time to complete this survey.

E nga kaitiaki o Te Moana o Toi te Huatahi, tena koutou, tena koutou, tena tatou katoa!

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Each question in this part is optional, but we'd really like to know about you! If you provide yourdetails we can send results of this survey directly to you.

Background Info about You

1. Name:

2. Title/Position

3. Organisation/Iwi/Hapu

Telephone

Address

Email

4. Contact details

5. Please indicate whether you would be interested in participating in a follow up interview?

Yes

No

6. Which district or city council do you or your organisation engage with most?

Other

7. In which part of the Bay of Plenty is your rohe located?

Western (Mauao) Eastern (Koohi)

Rotorua (Okurei)

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8. What are your iwi affiliations?

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Tools in the RPS

If yes, have you used them and how?

9. Are you aware the Regional Policy Statement includes a range of iwi resource management provisions(policies and methods)?

Yes

No

If yes, have you used them and how?

10. Are you aware Statutory Acknowledgements for settled iwi appear in a ‘compendium’ (companiondocument) to the Regional Policy Statement?

Yes

No

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Please rate how you feel about the following statements:('Council' means the Regional Council or your local District or City Council)

Kaitiaki Related 'Integrated Resource Management Tools' in the RPS

StronglyAgree Agree

SomewhatAgree Neutral

SomewhatDisagree Disagree

StronglyDisagree

Regional Council

District or City Council

11. Council provides opportunities for iwi/hapū/kaitiaki involvement in resource management decisionmaking processes

StronglyAgree Agree



StronglyDisagree

Regional Council


12. Council provides for the timely exchange of information

StronglyAgree Agree



StronglyDisagree

Regional Council


13. Council considers and responds to iwi/hapū/kaitiaki advice

StronglyAgree Agree



StronglyDisagree

Regional Council


14. Council is informed and shares information with appropriate parties

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Iwi Resource Management Tools in the RPS

StronglyAgree Agree



StronglyDisagree

Regional Council


15. Please rate how you feel about the following statements:

Council recognises our kaitiakitanga advice and activities in its practice of resource management decisionmaking

Please add comments on the form of engagement you prefer and why?

16. Which form of engagement do you prefer?

On any specific resource management issue, process or proposal Council will:

review relevant iwi/hapu resource management plans, undertake research, distil issues and engage iwi/hapu with options basedon detailed research

undertake some research and engage iwi/hapu with a broad set of options in response to a particular issue or proposal

undertake some research and engage iwi/hapu in open dialogue about a particular issue or proposal

If yes, was your advice accurately reflected in the plan(s)?

17. Do you feel advice you or your organisation contributed to regional or district planning was reflected inCouncil's decisions?

Yes

No

StronglyAgree Agree



StronglyDisagree

Regional Council


18. Please rate how you feel about the following statements:

There is a positive trend in representation of tangata whenua on Councils Committees

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Almost Always Sometimes Once and a while Rarely Never

Regional Council


19. Does the Council appoint a Maori Hearing Commissioner when significant issues of concern to Maoriare involved in a decision it is making?


Regional Council


20. Does Council take any other steps to ensure its decisions are informed by a suitably informed Maoriperson?


Regional Council


21. Do you feel Councils ‘promote a range of opportunities to formalise resource management partnerships’with iwi?


Regional Council


22. Does your organisation experience consistent, positive engagement with Councils?

Almost Always Sometimes Once and a awhile Rarely Never

Regional Council


23. Do you feel Council’s resource management decisions take account of iwi or hapū resourcemanagement plans relevant to your organisation, iwi or hapu?

Very much Somewhat Neutral Not really Not at all

Regional Council


24. In the last five years have you noticed any change in how Councils provide for the development ofmultiply owned Maori land?

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Very much Somewhat Neutral Not really Not at all

Regional Council


25. Has there been any Papakainga housing development on multiple owned Maori lands in your rohe inthe last 10 years?

26. Do you feel regional, city and district councils are 'reducing barriers to developing on multiply ownedMaori land' in the Bay of Plenty region?

Very much

Somewhat

Neutral

Not really

Not at all

If so, in what way?

27. Do you think the mauri of water, land, air and geothermal resources within your rohe has changed inthe last 5 years?

Very much

Somewhat

Neutral

Not really

Not at all

28. In 2017 research was undertaken to explore the development of a mauri assessment framework. Theproject included a literature review and report which is now available on Council’s website atwww.boprc.govt.nz/plans-policies-and-resources/policies/operative-regional-policy-statement/RPSImplementation Strategy. Council has decided to develop a tool box and pull together different examplesof approaches taken to assess the mauri of natural resources.

Have you had experience in any projects involving the assessment of mauri?

Yes

No

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29. If yes, are you willing to share this work with others and include it in a mauri assessment toolkit thatother kaitiaki/hapu and iwi might consider using?

Staff will make contact if you indicate you are willing to share examples of mauri assessment work youhave undertaken in order to help other tangata whenua who want to do the same.

Yes

No

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This part of the survey is about Regional Councils consents processes only. Please share yourfeedback about your experience with our regional resource consent process so we can improve ourservice. Please feel welcome to comment about district council consents processes in Question 31

Regional Council Consents Processes - Community Satisfaction

1 2 3 4 5 6 7 8 9 10

The timeliness that wecontact you aboutconsent applications

How we keep youinformed about consentapplications relating toyour rohe

How your concerns wereaddressed by and duringthe consents process

How your iwi is involvedin the Cultural ImpactAssessments for yourrohe

How your Iwi / HapūManagement Plan wasconsidered during theconsents process

The Consents Team’scultural awareness

Your overall satisfactionwith our consentprocess?

30. Please rate your experience: (1 = Poor, 5 = Okay, and 10 = Excellent)

31. Any suggestions you have for improving our Regional Council consents process:

32. Is there any other advice you wish to contribute to Regional Council? If so, in what way?

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Thank you for completing the Iwi Perceptions Survey! Results will be made available on the Bay ofPlenty Regional Council website following consideration by Te Komiti Maori. Any enquiries aboutthis survey, the Regional Policy Statement and Iwi Resource Management tools it contains can bereferred to Nassah Steed at 0800 884 881 extension 9329 or by [email protected]

Thank You

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Update on Te Mana o Te Wai

Executive Summary

Te Mana o Te Wai is interpreted and used across a range of kaupapa relating to water. This report focuses on the meaning of Te Mana o Te Wai as presented in the National Policy Statement for Freshwater Management (NPS-FM).

Te Mana o Te Wai incorporates and recognises Te Ao Maori, and reflects the holistic or integrated approach that councils must consider when implementing the NPS-FM. In this regard, Te Mana o Te Wai is not a statement solely representing Maori interests; neither should it be considered commensurate with mātauranga Maori. The Ministry for the Environment (MfE) has acknowledged this and emphasised that the concept of integration is expressed in Te Reo Maori, but applies to freshwater management for and on behalf of the whole community. MfE recently amended the definition of Te Mana o Te Wai to ensure better understanding and implementation. Updated policies support the incorporation of Tangata Whenua values, these are summarised in this report.

Recommendations


1 Receives the report, Update on Te Mana o Te Wai.

1 Background

Te Mana o Te Wai is the underpinning philosophy of the National Policy Statement for Freshwater Management 2014 (NPS-FM). In August 2017 the Government announced a set of changes setting out the objectives and policies for freshwater management under the Resource Management Act 1991.

The National Policy Statement sets out objectives and policies that direct local government to manage water in an integrated and sustainable way, while providing for economic growth within set water quantity and quality limits. The national policy statement is a first step toward improving freshwater management at a national level.

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Te Mana o Te Wai reflects an integrated holistic approach to the management of freshwater. It encompasses the environmental, social, cultural and economic values held by iwi and the community. The recent amendments to the NPS-FM reflected areas of concern that, councils, Iwi/Hapū, and wider community had on its meaning and application. For councils, more clarity on the purpose and intent of Te Mana o Te Wai would assist them in the implementation of the policy.

2 National Update

2.1 National Policy Statement for Freshwater Management

MfE considered changes to the NPS-FM 2014 which included, clarifying the meaning of Te Mana o Te Wai, fine tuning swim-ability targets, additional science criteria and monitoring requirements (including Mātauranga Māori) and emphasis on economic wellbeing.

Many of the changes reflect the Land and Water Forum’s (LAWF) earlier recommendations. The purpose of LAWF is to develop a shared vision and a common direction for freshwater management in New Zealand, and provide advice to the Government through a stakeholder-led collaboration process. LAWF continues to work on further populating the National Objectives Framework and commenting on the NPS-FM’s overall implementation.

2.2 Te Mana o Te Wai

The concept of Te Mana o Te Wai recognises freshwater as a natural resource that is integral to the social, cultural, economic and environmental well-being of communities. The Freshwater NPS has been updated to clarify the meaning of Te Mana o Te Wai in freshwater management and is now included in the body of the NPS-FM.

Te Mana o Te Wai incorporates the values of Tangata Whenua and the wider community. This means that Tangata Whenua values are considered alongside the wider community values and interests. In upholding Te Mana o Te Wai, these discussions should explore all values the community holds for fresh water, with the goal of ensuring that our communities including Tangata Whenua have access to a resource that is in a healthy state. The three pillars of Te Mana o Te Wai are:

Te Hauora o Te Wai – the health and well-being of the water.

Te Hauora o Te Tangata – the health and well-being of people.

Te Hauora o Te Taiao – the health and well-being of the environment.

3 Māori Specific Policies in the NPS-FM

A new feature of the NPS-FM is the requirement of councils to include mātauranga Maori in the preparation of plans and monitoring methods. Monitoring plans are intended to be practical and affordable, based on the limits, values and objectives identified by the community and Tangata Whenua.

More generally, the Māori specific policies, which are integral to the philosophy of Te Mana o Te Wai includes:

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Māori Specific Policies in the NPS-FM

AA. Te Mana o Te Wai

AA1 Objective To consider and recognise Te Mana o Te Wai in the management of fresh water.

AA1(b) Policy Values identified through engagement and discussion with the community, including Tangata Whenua, must inform the setting of freshwater objectives and limits.

C. Integrated Management

C1 Objective To improve integrated management of fresh water and the use and development of land in whole catchments, including the interactions between fresh water, land, associated ecosystems and the coastal environment.

C1 Policy By every Regional Council:

a) recognising the interactions, ki uta ki tai (from mountains to the sea) between fresh water, land associated ecosystem and the coastal environment; and

b) managing fresh water, land use, and development in catchments in an integrated and sustainable way to avoid, remedy or mitigate adverse effects including cumulative effects.

CA. National Objectives Framework

CA1 Objective To provide an approach to establish freshwater objectives for national values, and any other values, that:

a) is nationally consistent; and

b) recognises regional and local circumstances.

CA2 Policy The Regional Council, through discussion with communities, including Tangata Whenua, applying the following processes in developing freshwater objectives for all freshwater management units:

a) considering all national values and how they apply to local and regional councils; and

b) identifying the values for each freshwater management unit.

CB. Monitoring Plans

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CB1 Objective To provide for an approach to the monitoring of progress towards, and the achievement of, freshwater objectives and the values identified under Policy CA2(b).

CB1 Policy The Regional Council developing a monitoring plan that:

a) establishes methods for monitoring progress towards, and the achievement of, freshwater objectives established under Policies CA1-CA4. These methods must include matauranga Māori.

b) Identifies a site or sites monitoring will be undertaken that are representative for each freshwater management unit; and

c) recognise the importance of long-term trends in monitoring results and the relationship between the results and the overall state of fresh water in a freshwater management unit.

D. Tangata Whenua Roles and Interests

D1 Objective To provide for the involvement of Iwi/Hapū, and to ensure that Tangata Whenua values and interests are identified and reflected in the management of fresh water including associated ecosystems, and decision-making regarding freshwater planning, including on how all other objectives of this national policy statement are given effect to.

D1 Policy Local authorities shall take reasonable steps to:

a) involve Iwi/Hapū in the management of fresh water and freshwater ecosystems in the region;

b) work with Iwi/Hapū to identify Tangata Whenua values and interests in fresh water and freshwater ecosystems in the region; and

c) reflect Tangata Whenua values and interests in the management of, and decision-making regarding, fresh water and freshwater ecosystems in the region.

4 Freshwater Futures programme update

4.1 Freshwater Futures

The Freshwater Futures programme was established to support Regional Council in delivering, maintaining and improving quality and quantity of the region’s water resources. Previous reports concerning Freshwater Futures have included a diagram of how committees, panels and groups work together to implement the NPS-FM (Figure1). Community Groups and Tangata Whenua provide their views, ideas and feedback on how council is proposing to implement the key components of the NPS-

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FM. Council also receives advice from the Co-governance forums and regional advisory groups.

Figure 1: Freshwater Futures programme engagement approach.

The ideals promoted by Te Mana o Te Wai will help the community, including Tangata Whenua, and Regional Councils to develop tailored responses to freshwater management that would apply within their region.

4.2 Regional Water Advisory Panel

Membership of the Panel will reflect a cross section of water interests within the Bay of Plenty Region. Chris Karamea Insley is a member on the Regional Water Advisory Panel. The main focus and purpose of the panel is to provide advice and recommendations to Bay of Plenty Regional Council on regional issues associated with the implementation of the National Policy Statement for Freshwater Management. They will try and meet up at least four times annually with additional meetings and workshops as extra. Some of their specific functions are to:

provide advice on region-wide frameworks, methodologies or plan changes relating to freshwater; and

assist the Regional Council in communicating on the actions being taken to implement the NPS.

Mr Insley has a term of two years as a board member which will give him a great opportunity to be the voice and a conduit for his Iwi/hapū and Māori.


Te Mana o Te Wai envisages and clarifies the role that Māori have in freshwater management in particular those policies that provide guidance to councils on what is required particularly in regard to the implementation of the National Policy Statement.

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6

There is the potential to enhance iwi participation in decision making with respect to planning and policy processes through Te Mana Whakahono a Rohe agreements. In this regard those policies under the NPS-FM that are specific to Tangata Whenua are like to intertwine with any future arrangements with iwi.

One of the key changes to the NPS-FM is the requirement on councils to ensure that monitoring methodologies must now include matauranga Māori. This specific change, along with a new policy on Te Mana o Te Wai, potentially has the effect of promoting greater collaboration between Tangata Whenua and councils.


6.1 Community Outcomes

This project/proposal directly contributes to the Development of Māori Capacity to Contribute to Decision-making Processes Community Outcomes in the council’s Long Term Plan 2015-2025.


This work is planned under the Regional Collaboration & Leadership Activity in the Long Term Plan 2015-2025.

Current Budget Implications

This work is being undertaken within the current budget for the Kotahitanga Strategic Engagement Activity in the Annual Plan 2017/18.

Sandy Hohepa Maori Policy Advisor

for Strategic Engagement Manager


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Update on Treaty claims and settlements in the Bay of Plenty

Executive Summary

This report is part of a regular reporting regime to Komiti Māori and provides a brief update on the status of Treaty settlements and claims within the Bay of Plenty region. There has been progress to several Treaty claims since the last full report to Komiti Māori (23 August 2017).

Snapshot of Treaty Settlements status:

No Status Comments

19 Comprehensive Treaty Claims settled (legislation enacted)

16 individual iwi 3 iwi collectives

5 Deeds of Settlement (DoS initialled / awaiting legislation)

Ngāi Te Rangi Ngāti Ranginui Ngāti Tūwharetoa (Taupō) Ngāti Tara Tokanui Hauraki Collective

2 Agreement in Principle Whakatōhea Ngāti Hinerangi

2 Negotiations (mandate recognised / actively negotiating)

Ngāti Rangitihi Te Whanau a Apanui

0 Mandate

(seeking iwi mandate to begin negotiations)

3 On-hold Tauranga Moana(Harbour interests) Pare Hauraki (Tauranga Harbour interests) Ngāti Whakaue

2 Not currently active Ngāti Whakahemo Ngai Tai

There are no Waitangi Tribunal district-wide inquiries actively underway within the Bay of Plenty. However, the Tribunal recently convened an urgent hearing into elements of the Whakatōhea settlement negotiation. Several iwi from both the Hauraki and Tauranga collectives have advanced individual settlements, excluding interests in the Tauranga Harbour. Those interests and overlapping claims issues between both collectives are subject to ongoing negotiations with the Crown. As a third party, Council has no negotiating privileges and the relationship with the Crown is based only on the exchange of information.

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Recommendations

That Komiti Māori under its delegated authority:

1 Receives the report, Update on Treaty claims and settlements in the Bay of Plenty.

1 Background

The Bay of Plenty’s Māori and Treaty landscape is culturally rich and dynamic. There are approximately 37 iwi (and 260 hapū) within the Bay of Plenty.

19 comprehensive Treaty settlements have been completed with several more being progressed. Within the next 1-5 years as many as 30 Treaty settlements will have been completed within the Bay of Plenty region.

Many settlements involve implementation responsibility for Council particularly around co-governance of natural resources. Currently we are responsible for three statutory co-governance fora in respect of the Rotorua Lakes, Rangitaiki River, Kaituna River with others expected in the near future.

Additionally the Marine and Coastal Area (Takutai Moana) Act 2011 provides a separate regime for the recognition of rights and interests in the marine and coastal area. There are approximately 114 applications within the Bay of Plenty region.

2 Status of Treaty Settlements

The Bay of Plenty has a number of iwi with active Treaty claims at various stages of the settlement process. The most recent developments are highlighted below.

Ngāti Pukenga - Claim Settlement Act

The Ngāti Pukenga Claims Settlement Act 2017 was enacted on 14 August 2017, giving effect to the deed of settlement signed on 7 April 2013. Remaining elements of Ngāti Pūkenga claims will be settled at a future point, as part of the Tauranga Moana Iwi Collective.

The current settlement includes statutory acknowledgements over a number of areas of cultural and historical significance to Ngāti Pūkenga. Council must have regard to those interests, in the exercise of its role and functions in areas subject to a statutory acknowledgement. A compendium of statutory acknowledgments throughout the region is maintained by Council for this purpose.

Te Whānau a Apanui – Terms of Negotiation

The Crown has recognised the mandate of Te Whānau a Apanui negotiators and signed Terms of Negotiation on 7 September 2017. The Crown and Te Whānau a Apanui are now working towards an agreement in principle (or similar).Timeframes for this have not been specified, however, previous settlements have taken a minimum of 12 months to complete this stage of the negotiation process.

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Whakatōhea - Agreement in Principle (and Urgency Hearing)

The Crown and Whakatōhea signed an Agreement in Principle on 18 August 2017.

As part of the settlement offer, the Crown proposes to explore options for enhancing the existing Ōhiwa Harbour Implementation Forum.

In addition to ongoing settlement negotiations, an urgent application to the Waitangi Tribunal has been lodged on behalf of several claimants and hapū, challenging the mandate of the Whakatohea negotiators to represent their interests. A Tribunal hearing was held from 6 – 10 November, with a decision expected before the years end.

Council staff maintain a watching brief and will notify any particular implications for Council as they arise.

3 Post settlement implementation

As we move further into the post-Treaty settlement environment, outcomes of several settlements have recently taken form.

Ngāti Whare – Whirinaki Te Pua a Tane Conservation Management Plan

The significance of the Whirinaki Te Pua-a-Tane Conservation Park for Ngāti Whare is acknowledged by the Ngāti Whare Claims Settlement Act 2012, through the provision of an ongoing co-governance partnership with the Crown. As part of that arrangement, Ngāti Whare, together with the Department of Conservation and Bay of Plenty Conservation Board have produced a new conservation management plan to guide the future management of the Park.

The management plan was officially launched on 21 October 2017 and can be viewed on the Department of Conservation website.

Tuhoe - Te Kawa o Te Urewera

Te Kawa o Te Urewera (‘Te Kawa’) was officially launched on 14 September 2017, following an earlier draft release and public submission process in May 2017. The launch was attended by Chair Leeder and staff, on behalf of Council.

Te Urewera Act 2014 establishes Te Urewera as an independent legal identity. Te Urewera Board (consisting of four Crown and four Tūhoe representatives) holds primary responsibility for Te Urewera and its management. Te Kawa sets out the principles that will guide the setting of annual priorities statements and operational management plans under Te Urewera Act, as well as decisions by the Board about activities within Te Urewera.

Council staff and Te Urewera Board are working together on the interface between Te Kawa and the local government environmental framework.

4 Marine and Coastal (Takutai Moana) Act 2011

The Marine and Coastal (Takutai Moana) Act 2011 (MACA) enables iwi, hapū and whānau to seek formal recognition of their customary rights and interests in the common marine and coastal area.

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In areas where a customary marine title (CMT) exists or protected customary rights (PCR) are upheld, corresponding MACA restrictions and obligation must be applied by Council, where a subsequent resource consent activity is proposed.

A MACA application may be advanced through either the High Court or direct engagement with the Crown. A close off date of 3 April 2017 was set by the legislation for any new applications. There are approximately 114 existing MACA applications within the Bay of Plenty region: 44 applications via the High Court and 70 seeking direct Crown engagement. The High Court has given priority to those applications transitioned across from the former foreshore and seabed legislation. No estimate has been provided by the Crown as to expected timeframes for those applications before it. As yet no MACA applications within the Bay of Plenty region have been successfully determined.

5 LGNZ – Crown funding case

Local Government New Zealand (LGNZ) has prepared a case to the Crown for an increase to financial contributions to local government, for implementing Treaty settlement arrangements.

Current Crown policy is to provide one-off financial contributions to local government for the implementation of Treaty settlement outcomes. Experience to date across local government has identified a series of shortcomings with this approach. The report evidences current Crown contributions to be inadequate, and that greater financial contributions are required for a longer period.

Council contributed to the report having regard to our experience and obligations under both current and forthcoming settlements. The report (attached as Appendix 1) was recently lodged with the newly appointed Minister for Treaty Negotiations. Staff will advise of any decision and outcomes once known.

6 New Crown Ministers

Following the 2017 General Election in October, several new appointments have been made to key portfolios pertaining to Treaty settlements and local government.

Minister in Charge of Treaty of Waitangi Negotiations – Hon Andrew Little.

Minister of Local Government – Hon Nanaia Mahuta. (Assoc. Minister – Hon Meka Whaitiri)

Minister for Crown/Maori Relations – Hon Kelvin Davis. (Assoc. Minister – Hon Meka Whaitiri)

Minister for Māori Development – Hon Nanaia Mahuta. (Assoc. Minister – Hon Willie Jackson)

No formal policy announcements have been made as to key priorities or any changes within these portfolios.


The completion of each Treaty settlement marks a significant milestone for the iwi concerned, and more broadly, the wider region as well. Treaty settlements have

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produced a number of new arrangements to bolster the role of Maori in local leadership, as drivers of strategic plans, iwi-lead initiatives and economic development opportunities across the region. As we move further into the post-Treaty settlement era, it is expected this trend will continue to flourish.

8 Community Outcomes and Long Term Plan

As outlined in paragraph 6, the outcome of the Treaty settlement process, directly aligns with the Regional Collaboration and Leadership Community Outcome in Council’s Long Term Plan 2015-2025.

A Crown contribution of $250,000 was provided to Te Maru o Kaituna to assist with its administration and implementation cost. Otherwise, Councils implementation costs for Treaty settlements are absorbed within existing budgets.


A Crown contribution of $575,000 has been ear-marked for the forthcoming Tauranga Moana Governance Group.

Further Crown contributions to Councils implementation costs may also attach to individual settlements and/or as part of any outcome to the LGNZ report discussed at paragraph 5.

Herewini Simpson Senior Advisor (Treaty) for Strategic Engagement Manager


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APPENDIX 1

LGNZ - Treaty Settlement Costs Report

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THE CASE FOR INCREASED FINANCIAL

CONTRIBUTION TO LOCAL GOVERNMENT

FOR IMPLEMENTING TREATY SETTLEMENT

ARRANGEMENTS

TREATY SETTLEMENTS

WHAKATAUNGA TIRITI

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PROPOSAL TĀ MĀTOU E WHAKATAKOTO NEIThat the Crown consider the evidence in this report

and make a greater financial contribution (both

one-off and ongoing) to local government for the

implementation of Treaty of Waitangi settlement

arrangements.

1 The terms “local authorities”, “councils” and “local government” are used interchangeably in this report to mean the same thing: regional councils, territorial

authorities and unitary authorities.

2 TThe term Crown policy refers to the documents provided in Appendix 4.

EXECUTIVE SUMMARY KŌRERO WHAKARĀPOPOTOThe Crown is committed to settling historic claims for

breaches of the Te Tiriti o Waitangi/Treaty of Waitangi

(the Treaty) through Treaty settlement. An outcome of

Treaty settlements is the provision of co-governance

and co-management arrangements over significant

natural resources and reserve lands. Local authorities

are critical to the successful implementation of these

arrangements, both as the regulatory authority for the

natural resource or land, and as the co-governance

and co-management partner with Treaty settling

groups.1

Treaty settlement arrangements provide valuable

connectivity between iwi and local government,

and opportunities to deliver mutually beneficial

environmental and resource management outcomes.

At the same time however, they impose costs on local

authorities that are over and above councils’ business

as usual costs.

Crown policy is to provide one-off financial

contributions to local government for the

implementation of Treaty settlement outcomes.2 This

report, while recognising the short and long term

benefits of Treaty settlements to iwi, communities

and councils, provides evidence that current Crown

contributions are inadequate, that greater financial

contributions are required and for a longer period.

Evidence of the Crown’s inconsistent approach to

funding for similar arrangements is also provided.

This report provides a costs framework (the

Framework) to record costs associated with the

functions and activities of Treaty settlement

arrangements. The Framework allows a greater level

of accuracy, visibility and consistency in tracking the

cost of establishing, implementing and maintaining

Treaty settlement arrangements. The Framework is

attached as a separate document.

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CONTENTSNGĀ IHIRANGIPROPOSAL ..........................................................................................................................................1

EXECUTIVE SUMMARY .....................................................................................................................1

RECOMMENDATIONS .......................................................................................................................3

INTRODUCTION ..................................................................................................................................4Local government in Treaty settlements ............................................................................................................... 5

PARTICIPATING COUNCILS ...............................................................................................................6

REPORT SCOPE ..................................................................................................................................6Methodology ............................................................................................................................................................... 7

TYPES OF TREATY SETTLEMENT COSTS .........................................................................................8Additional costs .......................................................................................................................................................... 8Business as usual costs ............................................................................................................................................. 8Issues with Treaty settlement costs ........................................................................................................................ 9

TREATY SETTLEMENT ARRANGEMENTS AND COSTS............................................................... 10Types of Treaty settlement arrangements ...........................................................................................................10Treaty settlement costs ...........................................................................................................................................10Treaty settlement activities ....................................................................................................................................11Crown policy .............................................................................................................................................................11

THE FRAMEWORK ........................................................................................................................... 12Purpose of the Framework ......................................................................................................................................12Design of the Framework ........................................................................................................................................12Benefits of the Framework .....................................................................................................................................13Alignment with Crown policy ................................................................................................................................13

REFERENCES .................................................................................................................................... 14Legislation ..................................................................................................................................................................14Deeds of settlement .................................................................................................................................................14Agreements ................................................................................................................................................................15Reports and plans .....................................................................................................................................................15

APPENDIX 1: SETTLEMENT ARRANGEMENTS ........................................................................... 16Settlement arrangements for participating councils .........................................................................................16

APPENDIX 2: TREATY SETTLEMENT COSTS ................................................................................ 24Treaty settlement costs (Crown and council) for participating councils. ......................................................24

APPENDIX 3: TREATY SETTLEMENT FUNCTIONS AND ACTIVITIES ....................................... 28Functions and activities undertaken for Treaty settlement arrangments. .....................................................28

APPENDIX 4: CROWN POLICY ...................................................................................................... 30Comparison of the Crown’s and the participating councils’ factors for consideration for financial contribution by the Crown .....................................................................................................................................35

APPENDIX 5: DISCOUNT TABLE ................................................................................................... 38Discount table showing how the discount is applied under the Framework ................................................38

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RECOMMENDATIONS WHAIKUPUThat the Crown:

1. Consider this report and the Framework to assess the actual costs of implementing Treaty settlement

arrangements by local authorities.

2. Increase the financial investment provided to local authorities for the functions and activities of Treaty

settlement outcomes.

3. Introduce the provision of staged financial contributions in addition to one-off financial contributions.

4. Update Crown policy to cover all forms of Treaty settlement arrangements currently being negotiated.

5. Address inequities in the provision of financial support to local authorities and consider how financial

support can be retrospectively provided.

6. Provide financial assistance to iwi for capacity and capability building to ensure iwi can participate

and contribute equally in co-governance and co-management arrangements to assist in reducing local

government costs.

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INTRODUCTIONHE KUPU WHAKATAKITREATY SETTLEMENTS ARE AN IMPORTANT ASPECT OF NEW ZEALAND’S NATURAL RESOURCE MANAGEMENT

LANDSCAPE. WHILE THEY ARE AN EXPRESSION OF THE CROWN-IWI RELATIONSHIP THEY ALSO PROVIDE

AN AREA WHERE LOCAL GOVERNMENT CAN BUILD ROBUST RELATIONSHIPS WITH IWI. COUNCILS HAVE A

STRONG INTEREST IN ENSURING THE NEW ARRANGEMENTS ESTABLISHED THROUGH TREATY SETTLEMENTS

ARE SUCCESSFUL, AND THAT THE SETTLEMENTS ARE DURABLE, FAIR AND FINAL.

3 It should be noted too that not all iwi authorities/entities rely on, or ask for council support.

Treaty settlement arrangements involving local

government do, however, come with costs. With

the significant number of Treaty settlements over

recent years involving co-governance entities and

co-management arrangements (including authorities,

committees, joint management agreements and

various descriptions of natural resource plans), the

issue of cost needs to be recognised and discussed.

Treaty settlements provide opportunities to

develop relationships with iwi that benefit not only

environmental and resource management outcomes,

but the many other outcomes for central and local

government. Whilst local government has non-Treaty

settlement requirements to engage with iwi under

the Resource Management Act 1991 (RMA) and the

Local Government Act 2002 (LGA), it is the post-

settlement landscape that attracts additional costs.

The requirements that are placed on councils can

be challenging in terms of resourcing and planning

community priorities. Councils operate within

financial constraints, and expenditure in one area can

mean less expenditure in another.

Funding provided to local government by the Crown

as a contribution to costs has been welcomed.

However, analysis shows that both establishment and

ongoing costs of co-governance and co-management

arrangements are far greater than anticipated, and

that Crown contributions have been underestimated.

There are significant risks associated with the

current levels of Crown funding. The first risk is that

an undue financial burden is placed on councils to

implement Treaty settlement redress that the Crown

has determined is required to settle long-standing

grievances of Māori. That outcome means costs of

settlements are carried by ratepayers, rather than

by central government. It is the Crown, not councils,

that settles the historical grievances of iwi, and it

is inequitable that ratepayers of today are being

expected to pay for the settlement of grievances by

the Crown. Vote Conservation, for example, is not

expected to cover the costs of Treaty settlement

redress from its baseline funding. Rather, the

Department of Conservation is funded via detailed

costing estimates (and despite having the strongest

statutory Treaty weighting to give effect to the

principles of the Treaty). In the same way, local

authorities should not incur the costs for settlement

redress that is over and above its business as usual

activities and statutory commitments to iwi.

The second risk is that fiscal pressures will, over time,

undermine the ability of local government to support

co-governance and co-management arrangements,

meaning they will not produce the outcomes sought.

Non-delivery of Treaty settlement arrangements could

ultimately undermine the durability of settlements,

create new injustices for iwi, and potentially trigger

contemporary Treaty claims against the Crown.

Evidence suggests individual councils are operating

on a continuum that ranges from meeting the

minimum requirements to complying with Treaty

settlement legislation, to full engagement with

iwi under co-governance and co-management

arrangements. Although the latter is the outcome

sought from settlements, it is not always achievable.

A key reason for Treaty settlement outcomes not

being fully achieved is that there are significant costs

associated with engagement for both local authorities

and iwi entities. It is also common for iwi authorities

to rely on council staff for support as they participate

in Treaty settlement arrangements.3

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The Crown practice of making limited one-off

financial contributions does not adequately recognise

the ongoing commitment required by councils to

ensure Treaty settlement arrangements are enduring

and sustainable. Furthermore, there needs to be

greater clarity, visibility, certainty and consistency

across councils as to how financial contributions are

determined by the Crown in each region.

REPORT STRUCTURE

This report sets out the need for increased funding

from the Crown and provides a Framework that can

be used when negotiating financial investment with

the Crown. The following section describes the scope

of this exercise and the methodology underlying the

report. The Treaty settlement arrangements, and those

likely to be established in the foreseeable future,

are then set out with their key functions described.

The estimated cost to respective councils for the

establishment and implementation of each entity,

plan and/or agreement is then provided.

Importantly, the report details the numerous

activities performed by councils to support the

implementation of the arrangements. For example,

organising meetings and assisting with the drafting

of statutory plans and governance documents. By

documenting these activities the extent of required

council staff time is revealed. Often that time and

associated costs is not immediately visible or was not

contemplated when Treaty settlement arrangements

were established. The Crown’s factors for considering

financial contribution towards arrangements are

compared with that of local government’s factors to

provide a complete list for the Crown to consider.

Lastly, the Framework’s purpose, benefits and

practical application are explained.

LOCAL GOVERNMENT IN TREATY SETTLEMENTS Treaty settlements are increasingly providing

mechanisms for local government to work with

iwi authorities to govern nationally and regionally

significant natural resources: important rivers or other

water bodies, reserves and parks, etc. Iwi, councils

and the Crown share an interest with the public

to ensure these resources are well governed and

protected for future generations.

A crucial role for councils is the implementation of

Treaty settlement arrangements. A council’s role

includes establishing and maintaining co-governance

entities, providing technical advice for the entities,

and plan development. This includes legal, scientific,

policy, planning and resource consenting advice, to

name a few. In addition, councils provide physical

resources and time to assist with the upskilling of iwi

entities on council functions, plans and processes.

Although local authorities are not a party to the

deeds of settlement they are nonetheless bound

by the resulting legislation, which gives councils

responsibilities and duties to carry out. These

obligations can be perceived by local government as

being undertaken on the Crown’s behalf. Appropriate

Crown financial investment for local government is

therefore critical to conduct this role.

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PARTICIPATING COUNCILSTE TŌPŪ KAUNIHERAOver several years, councils – both collectively and separately – have raised concerns over sustainable post-

Treaty settlement funding with Ministers and Crown officials. In late October 2016 councils agreed a nationally

coordinated approach was required to identify options to resolve this collective issue. Local Government New

Zealand (LGNZ) provided their support for this report, as did seven North Island councils (the participating

councils).4

REPORT SCOPE ARONGA PŪRONGO

4 A proposal was tabled at the Regional Council Chief Executive Officers meeting in February 2017 entitled “Establishing a Methodology to Assess Costs

(over and above business as usual costs) to Local Authorities for Implementing Treaty of Waitangi Settlement Arrangements”. The participating councils are

acknowledged on the back of this report.

5 Participating in Treaty settlement negotiations also incurs significant costs for councils. For example, councils are often asked to provide technical advice and

information, Light Detection and Ranging (LiDAR) data, and feedback and support for the development of the settlement options the Crown proposes.

6 Bay of Plenty Regional Council and Waikato Regional Council, “Supporting Information: Impact of Treaty Settlements on Bay of Plenty and Waikato Regional

Council”, November 2012.

This report focuses on Treaty settlement

arrangements, the costs incurred and the estimated

costs for undertaking arrangements by the

participating councils. It is assumed these costs

are common to all councils across New Zealand.

It reviews financial and other information for the

participating councils and provides a rationale for

the best approach to obtain fair and accurate funding

from the Crown for such arrangements.

The following matters are not captured by this report.

• Costs for local authorities to engage with

the Crown and iwi through Treaty settlement

negotiations on an as and when required basis.5

• Costs associated with Treaty settlement

arrangements that are not directly provided for

by settlement legislation.

• Costs to local government of engaging with iwi/

Māori under non-Treaty settlement legislation

(i.e. (LGA, RMA and the Reserves Act 1977).

• Mana Whakahono a Rohe Agreements (iwi

participation agreements) provided through

recent amendments to the RMA.

• RMA or voluntary arrangements between

councils and iwi authorities.

• Notification obligations for statutory

acknowledgements.

• Marine and Coastal Area (Takutai Moana) Act

2011 (MACA) applications.

Costs to local authorities who have not contributed

to this report are not included. For example, city and

district councils contribute as members on a range of

co-governance and co-management arrangements.

These councils however, will have similar costs

when undertaking Treaty settlement functions and

activities, to varying degrees.

This is the second report prepared specifically for the

Crown on the financial impact of Treaty settlements

on local authorities. The first study was conducted by

Bay of Plenty Regional Council and Waikato Regional

Council in 2012.6 This report expands on the types of

settlement costs identified in the 2012 study. It also

provides a methodology or tool for calculating local

government costs, while providing for a discount

method to ensure a phase out time for business as

usual costs commences.

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METHODOLOGY Participating councils provided information on

the costs they have incurred implementing Treaty

settlement arrangements. Information was also

provided on the wide range of tasks, processes

and activities councils undertook to deliver these

arrangements.

Every effort has been made to record activities

required to establish and operate new arrangements

and where possible the actual costs of these

arrangements. In most instances councils have been

able to call upon financial records to provide accurate

numbers. In other instances, cost estimates have

been provided. One limitation of the data is that the

practice of recording costs after settlement has not

been undertaken by councils until more recently.

Work by the Post-Settlement Commitments Unit

within the Ministry for Justice, and by Te Puni Kōkiri,

has been reviewed to inform the development of the

Framework. A register was developed of councils’

obligations under the various Treaty settlements

by the Post-Settlement Commitments Unit and a

stocktake of council-iwi participation agreements was

developed by Te Puni Kōkiri.7 Financial and supporting

information provided by the participating councils,

and primary documents such as the settlement

legislation and deeds of settlement, were also

reviewed.

7 “Te Puni Kōkiri Draft Stocktake of Council Iwi Participation Agreements

(November 2015)” was developed based on publicly available

information and it includes voluntary arrangements as well as those

required under Treaty settlements. Te Puni Kōkiri with the support of

the Ministry for the Environment developed a spreadsheet. The Post-

Settlement Commitments Unit developed a Master List of Commitments

for all councils based on Treaty settlement deeds and legislation.

Waikato River

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TYPES OF TREATY SETTLEMENT COSTSNGĀ MOMO UTU WHAKATAUNGA TIRITILocal authorities incur two types of costs when implementing Treaty settlement arrangements:

1. Additional costs, which are imposed on councils due to settlement legislation.

2. Business as usual costs, which occur as a result of engaging with iwi irrespective of settlement legislation.

ADDITIONAL COSTS Additional costs, as defined here, are costs that local

authorities incur as a direct result of Treaty settlement

arrangements. Notably, additional costs are associated

with the establishment and ongoing costs of co-

governance entities, and the development and

implementation of plans, documents or agreements.

Additional costs vary from region to region depending

on the type of settlement arrangement negotiated

between iwi and the Crown. Examples of additional

costs are listed in Appendix 3 and are classified as

functions and activities that need to be undertaken

when implementing Treaty settlement arrangements.

For example:

• Administrative support, democratic services

and other council staff services required for

the provision of the exercise of powers and

functions for the co-governance entities, boards

or committees.

• RMA policy development activities that are not

planned or anticipated but are required by a

Treaty settlement within a specified timeframe.

• Specialist technical staff time on the development

and implementation of co-governance entity

plans, documents and joint management

agreements or other such agreements as

required.

• Assistance with building iwi capacity

to participate in the Treaty settlement

arrangements. For example, councils contracting

independent advisors for the tangata whenua

representatives who sit on the Hawke’s

Bay Regional Planning Committee and the

establishment of two senior Treaty advisors to

support the Rangitāiki River Forum, Kaituna River

Authority Te Maru o Kaituna and the forthcoming

Tauranga Harbour Governance Group in the Bay

of Plenty.

BUSINESS AS USUAL COSTS Business as usual (BAU) costs are associated with

the normal conduct of business, regardless of

current circumstances, such as administering iwi

arrangements under the RMA. Treaty settlement costs

may be considered BAU if they overlay or can be

accommodated within current processes. For example,

if a regional or district plan is due to be reviewed

or changed at or around the same time as a co-

governance entity is developing or has developed its

own plan for consideration by council, coordination

of the two projects should negate any extra Treaty

settlement cost. This needs to be qualified by the

amount and type of additional work involving council

staff, which will vary between councils.

Relationship management with iwi is also considered

a BAU cost. For example, councils can act in an

intermediary capacity for iwi with the Crown or other

entities both within and outside Treaty settlement

arrangements. Council staff are regularly asked to

interpret maps or legislation, or to assist with the

resolution of other relevant issues or concerns that

may arise from arrangements.

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ISSUES WITH TREATY SETTLEMENT COSTS 1. Not all arrangements are put into place immediately following Treaty settlement legislation being

enacted. Some are delayed for several reasons. One example includes a Joint Management Agreement

with Tūwharetoa Māori Trust Board. The Waikato River section of this Joint Management Agreement

was developed in August 2016, with the Taupo Waters section currently being developed. However, the

legislation came into force in October 2010.8 Similarly, one arrangement was put into place prior to Treaty

settlement legislation being enacted. For example, the Hawke’s Bay Regional Planning Committee.9

2. Costs vary for councils in each region. Whilst the arrangements may be similar in nature the scale and

functions may vary for each. In addition, staff time, expertise and experience with the arrangements is key.

8 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010.

9 Hawke’s Bay Regional Planning Committee Act 2015.

Confluence of Taruheru, Waimata and Turanganui Rivers

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TREATY SETTLEMENT ARRANGEMENTS AND COSTSNGĀ RITENGA/UTU WHAKATAUNGA TIRITIThe Treaty settlement arrangements for the participating councils are set out in the Appendices. Appendix 1

highlights the types of settlement arrangements for the participating councils and Appendix 2 highlights the

costs associated with each arrangement.12

arrangement.10

TYPES OF TREATY SETTLEMENT ARRANGEMENTS Participating councils are all involved in the

implementation of Treaty settlement arrangements

for co-governance and co-management within their

respective regions. Each arrangement has different

levels of responsibilities and obligations that trigger

activities and thereby attract additional costs.

Appendix 1 outlines 25 arrangements that are either

in place through statute or are at the Bill or deed of

settlement stage and are thus imminent. In all cases,

the participating councils are required to establish

and maintain some form of permanent co-governance

entity, committee or board. These entities must

prepare and approve a plan or document of some

description, which has varying legal weight and

status, for consideration by councils under the RMA

and the LGA.

Obligations arise for councils when preparing,

reviewing or amending RMA planning documents,

considering resource consent applications and making

decisions. These functions require a significant

amount of council time, money and resource in the

development and implementation stages.

10 Some costs are estimated or forecasted.

11 The Hawke’s Bay Regional Planning Committee established itself pre-Treaty legislation.

TREATY SETTLEMENT COSTS Appendix 2 compares Crown contributions to the

actual costs (where available) or estimated costs

for councils when implementing Treaty settlement

arrangements. The table also shows what councils

have sought from the Crown for future settlement

arrangements where this has occurred. These

amounts have been forecasted by councils and are

significantly more than past Crown contributions.

In some instances the Crown has directed where

Crown funding is spent. In other instances councils

can determine how funding is apportioned across

arrangements or the co-governance entity can

determine.

The evidence is clear that council costs of

implementing Treaty settlement arrangements far

exceed Crown contributions. The evidence is also

clear that ongoing costs for councils are significant.

A strong argument can be made, therefore, for the

Crown to also contribute to ongoing costs for a

defined period.

For example, the Hawke’s Bay Regional Planning

Committee received $100,000 as a one-off Crown

contribution on its establishment. Actual costs to

run the committee for the period 2010 to 2016

were $787,627 (or an average of $131,271 per

annum). The annual costs of running the now

formally established body is estimated at $753,480.

This greater cost is due mainly to an increase in the

number of meetings (two per month), the type of

work undertaken by the committee and the addition

of two contracted independent iwi advisors for the

tangata whenua representatives who sit on the

committee.11

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The Crown’s approach to funding has been

inconsistent with different amounts provided to

councils for similar arrangements. For example, within

the Bay of Plenty region there are two mandated co-

governance entities: the Rangitāiki River Forum and

the Te Maru o Kaituna Kaituna River Authority. Both

require the development of statutory river planning

documents (which are not required by any other

legislation). The Crown did not provide any funding

for the establishment of the Rangitāiki River Forum

co-governance entity or plan. Bay of Plenty Regional

Council has provided a conservative estimate that

the development of the Rangitāiki River Document

(plan) has cost around $164,000 and believes the

ongoing costs of implementation will be significant.12

In contrast the Crown provided a contribution of

$250,000 to establish the Kaituna River Authority.

The Kaituna Statutory River Planning Document

is currently out for public consultation thereby

potentially attracting further costs for Bay of Plenty

Regional Council.

Treaty settlement legislation can also require reviews

and amendments of statutory plans earlier than when

required by the council. This can lead to additional

costs for councils. For example, under the Waikato

and Waipā rivers settlement legislation Waikato

Regional Council is required to assess whether the

Regional Policy Statement gives effect to the Vision

and Strategy for the Waikato River, and to initiate

an amendment to the Regional Policy Statement if

it does not do so. In 2012 a review was carried out

which determined the regional plan needed to be

reviewed to give effect to the Vision and Strategy. No

funding was provided by the Crown for this work. In

contrast, the RMA only requires Waikato Regional

Council to commence a review of sections of the

regional plan every 10 years.13

The cost to Waikato Regional Council to develop

the Healthy Rivers/Wai Ora: Proposed Waikato

Regional Plan Change 1 to the notification stage is

conservatively estimated at $13 million. Due to both

the co-governance arrangements and the highly

collaborative nature of the Healthy Rivers Wai Ora

process, the $13 million spend to date is higher than

any other policy process implemented by this regional

12 This amount does not factor in staff and management time, engagement and public notices, meeting and venue costs, technical expertise, the Tuna Plan or

Regional Policy Statement Change 3. These are variables that will increase this cost estimate. The plan was developed in 2014/2015.

13 Section 79(1)(b) of the RMA.

14 The five Waikato and Waipa river iwi are Waikato-Tainui, Maniapoto, Raukawa, Te Arawa and Ngāti Tuwharetoa.

15 Appendix 3 is not an exhaustive list. Further activities are listed in the Framework.

council. Costs incurred by Waikato Regional Council

to support participation in the process by the five

Waikato and Waipa river iwi have been estimated at

$5,860,000.14

TREATY SETTLEMENT ACTIVITIES The research undertaken for this report reveals a

significant amount of council staff time is spent on

drafting documentation, processes and policies for

the various arrangements. This includes undertaking

activities and tasks for a co-governance authority,

a joint management agreement, or for plan

development and implementation. Rarely is this time

recorded in an accurate or consistent fashion. Often

there are reactive or unplanned tasks associated

with activities which are not immediately obvious

from the deeds of settlement and empowering

legislation. The importance of staff time should not be

underestimated as this is the key area where councils

carry additional costs. It is these functions and

activities that underpin council costs and form the

basis of the Framework set out in the next section.

Appendix 3 shows a breakdown of the functions and

activities including tasks required for each Treaty

settlement arrangement.15

CROWN POLICY Under Crown policy the level of Crown contribution

to local government is at the discretion of Cabinet

and is assessed on its own merits taking into account

a range of factors. These factors have been assessed

and updated by the participating councils to show

what should be considered when determining

the financial investment needed to establish and

implement arrangements. These factors are outlined

in Appendix 4 alongside the Crown policy.

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12

THE FRAMEWORKTE ANGAANGAAs set out in this report Crown contributions for costs are discretionary and have been inconsistently applied

across the many Treaty settlement arrangements. To make clear the higher than assumed costs for councils

to implement Treaty settlement arrangements, and to ensure consistency in the provision of future funding

arrangements, a comprehensive planning framework has been developed.

PURPOSE OF THE FRAMEWORKThe Framework is designed to assist the Crown and

councils to assess accurate costs of establishing,

implementing, maintaining, monitoring and reviewing

Treaty settlement arrangements. It is recommended

as a tool during the negotiation stages to provide

consistency, certainty, accountability and transparency

for Crown funding.

KEY PURPOSES OF THE FRAMEWORK INCLUDE:• Provide a tool to calculate actual costs of

Treaty settlement arrangements and associated

functions and activities.

• Show accountability and transparency to Treaty

partners, ratepayers, interest groups, industries,

communities and stakeholders when entering

legislated arrangements.

• Provide certainty and clarity to local government

on how Crown financial contributions are

determined and applied nationally.

• Demonstrate that the Crown has a strong interest

in ensuring that Treaty settlement arrangements

are successful and enduring.

• Highlight the importance of local government’s

acceptance of responsibilities for the Crown

(as Treaty partner) in ensuring beneficial social,

economic, cultural and environmental outcomes

are achieved for iwi.

16 Updates are being made to the Framework to recognise the dynamic nature of the arrangements and to allow for council variation. This will be an ongoing process.

DESIGN OF THE FRAMEWORKThe Framework is based on actual commitments

or obligations arising from each Treaty settlement

arrangement. These commitments have been

transferred into activities and tasks typically

undertaken by groups within council responsible for

the regulatory, integrated catchment management

and policy functions.

The activities have been identified through the

research undertaken with each participating council

and have been merged to form a complete set. Not

all activities are required by each council and not all

are required for each Treaty settlement arrangement.

This is an outcome of variation between different

settlement arrangements and the practices of

individual councils.16

The Framework provides a selection tool to assess

what each council is required to undertake when

discussing with the Crown the type of arrangement

being considered. It is flexible in that additional

arrangements, functions, activities and tasks can be

added to the Framework. Rates for staff, management

and councillors have been provided as an example

and can be substituted for each council’s own rates.

Once activities and costs have been entered a

discount method is applied automatically to the costs.

The discount method can discount BAU costs from

additional costs. This is done in the following way.

• If there is a new activity under the arrangement

or an activity that has been brought forward

by five years or more due to Treaty settlement

legislation, then 100 per cent of the costs are

applied.

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13

• If a council has planned to undertake an

activity within a five-year period, but due to

Treaty settlement requirements the activity is

bought forward, then 20 per cent of the total

implementation costs per annum are applied for

each year that the activity is implemented earlier.

This is represented in the Framework as a 20

per cent discount for the Crown off the full cost

of implementation of the activity for each year

within the five-year period that the activity is

bought forward. The discount method is shown in

appendix 5.

• The discount rate and the five-year time period

are based on the established principle that every

three years the long term plan is reviewed and

every five years catchment or other council plans

are reviewed, amended or developed including

consideration of RMA planning documents for

review.17 In this situation BAU costs under the

Crown policy could commence from five years

as opposed to three years. This would provide

the Crown with a phase out or transition period

for arrangements to become ‘normalised’ within

councils.

BENEFITS OF THE FRAMEWORK

THE FRAMEWORK:• Contains a comprehensive spectrum of costs.

• Has been developed to enable each council to

actively negotiate a financial contribution for

costs with the Crown.

• Can be used to highlight the costs of all

arrangements to the Crown retrospectively.

• Caters for delayed or staged arrangements, so

that planning for a Joint Management Agreement

or other such arrangement two or more years

after the commencement date can be accounted

for.

• Details functions and activities to enable

councils to undertake better planning, financial

management and project management, and avoid

duplication of work.

17 These plans are not all on the same cycle but at any given point over the five year period a plan of some description will need reviewing, amending or

developing.

ALIGNMENT WITH CROWN POLICY

THE FRAMEWORK ALIGNS WITH CROWN POLICY: • It is a transparent tool capturing all activities and

can be adapted to include more, recognising the

varied nature of Treaty settlement arrangements.

• It deals with additional costs in a consistent

manner as opposed to an-hoc approach across

councils.

• Each contribution can be assessed on its

own merits based on activities that must be

undertaken.

• It allows the Crown to retain a phasing-out policy

for BAU costs so that longer term arrangements

are ‘normalised’.

• It allows the Crown to contribute to new

arrangements that are not part of a council’s LTP

or annual plans (i.e., that are not BAU costs).

• It provides a clear framework to consider true

costs, but also allows flexibility to respond to

different circumstances and the nature of a

particular arrangement.

• The complexity of arrangements are broken down

into manageable components so that the scale

and nature of costs can be assessed more easily.

• It has the ability to be updated and amended

in line with changes to Crown policy or council

specific arrangements.

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14

REFERENCES KOHIKOHINGA RAUEMI

LEGISLATION• Hawke’s Bay Regional Planning Committee Act 2015

• Nga Wai o Maniapoto (Waipa River) Act 2012

• Nga Mana Whenua o Tamaki Makaurau Collective

Redress Act 2014

• Ngāi Takoto Claims Settlement Act 2015

• Ngāi Tāmanuhiri Claims Settlement Act 2012

• Ngāti Manawa Claims Settlement Act 2012

• Ngati Tuwharetoa, Raukawa and Te Arawa River

Iwi Waikato River Act 2010

• Ngāti Whare Claims Settlement Act 2012

• Ngati Whatua o Kaipara Claims Settlement Act 2013

• Ngati Whatua Orakei Claims Settlement Act 2012

• Orakei Act 1991

• Rangitane o Manawatu Claims Settlement Act 2016

• Pare Hauraki Collective Redress Deed 2017

• Raukawa Claims Settlement Act 2014

• Reserves Act 1977

• Tapuika Claims Settlement Act 2014

• Te Arawa Lakes Settlement Act 2006

• Te Awa Tupua (Whanganui River Claims

Settlement) Act 2017

• Te Aupouri Claims Settlement Act 2015

• Te Hiku Claims Settlement Act 2015

• Te Rarawa Claims Settlement Act 2015

• Waikato-Tainui Raupatu Claims (Waikato River)

Settlement Act 2010

DEEDS OF SETTLEMENT• Ahuriri Hapū and the Trustees of the Mana

Ahuriri Trust and the Crown Deed of Settlement

of Historical Claims 2 November 2016

• Deed of Settlement of Historical claims - Ngāti

Tūwharetoa

• Nga Mana Whenua o Tamaki Makaurau Collective

Redress Deed

• Ngāti Rangi and the Trustees of Te Tōtarahoe o

Paerangi Trust and the Crown Deed of Settlement

of Historical Claims 17 August 2017

• Pare Hauraki Collective Redress Deed

• Tauranga Moana Iwi Collective Deed

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15

AGREEMENTS• Co-Management Agreement for Waikato River

Related Lands – Waikato Raupatu River Trust and

Waikato Regional Council (2012)

• Joint Management Agreement – Raukawa

Settlement Trust and Waikato Regional Council

(10 May 2012)

• Joint Management Agreement – Tuwharetoa

Maori Trust Board and Waikato Regional Council

(August 2016)

• Joint Management Agreement – Te Arawa River

Iwi Trust and Waikato Regional Council (August

2012)

• Joint Management Agreement – Maniapoto

Maori Trust Board and Waikato Regional Council,

Otorohanga District Council, Waikato District

Council, Waipa District Council and Waitomo

District Council (April 2013)

• Joint Management Agreement – Te Runganganui

o Ngati Porou Trustee Limited and Gisborne

District Council (October 2015)

• Joint Management Agreement – Waikato Raupatu

River Trust and Waikato Regional Council (18

June 2013)

• Ngāti Whātua Iwi and the Crown Kaipara Moana

Framework Agreement (18 August 2014)

REPORTS AND PLANS• “Establishing a Methodology to Assess Costs

(over and above business as usual costs) to Local

Authorities for Implementing Treaty of Waitangi

Settlement Arrangements (the Proposal)

• Local Government New Zealand [LGNZ]

“Frequently Asked Questions on Council − Maori

Engagement: A Resource to Support Councils”,

October 2007

• Office of Auditor-General “Principles for

Effectively Co-Governing Natural Resources”

February 2016

• Te Oneroa-a-Tohe “Board Request for Proposal

Māori Focus Treaty Settlement Implementation:

Beach Management Plan”

• Waikato Regional Council “Joint Management

Agreement Review Waikato Raupatu Settlement

Trust Case Study” 2014

• Te Puni Kōkiri Draft Stocktake of Council Iwi

Participation Agreements (November 2015)

• Waikato Regional Council and Bay of Plenty

Regional Council, “Supporting Information:

Impact of Treaty Settlements on Bay of Plenty and

Waikato Regional Councils” November 2012

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16

AP

PEN

DIX

1: S

ETTL

EMEN

T A

RR

AN

GEM

ENTS

SETT

LEM

ENT

AR

RA

NG

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OR

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Y O

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raw

a La

kes

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lem

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06

RO

TOR

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-TE

AR

AW

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TRA

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UP

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erly

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orua

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trat

egy

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up

Perm

anen

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omm

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e of

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t inc

lude

s th

e 12

larg

e Ro

toru

a la

kes

and

thei

r as

soci

ated

cat

chm

ents

.18

Six

mem

bers

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o ap

poin

ted

by iw

i

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ur a

ppoi

nted

by

rele

vant

loca

l aut

hori

ties

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ne M

fE m

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tend

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bers

mus

t com

ply

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h th

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rms

of th

e St

rate

gy G

roup

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gree

men

t.

Dev

elop

Vis

ion

and

Stra

tegy

for

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dist

rict

.

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rarc

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pol

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docu

men

t.

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ttle

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pend

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om H

uka

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to, t

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om it

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its

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ith

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kato

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ve a

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ve a

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ion

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tegy

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Wai

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er19

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haim

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form

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Wai

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Reg

iona

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Stat

emen

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is b

indi

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l nat

iona

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nd d

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olic

y st

atem

ents

and

dec

isio

ns fo

r th

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anag

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t of t

he W

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to a

nd

Wai

pā r

iver

s.

2012

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anga

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Prep

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and

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of t

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197

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Gov

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man

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ork

unde

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serv

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ct 1

977.

2012

BA

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ITA

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, W

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and

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oman

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s.

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, Rot

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, Rot

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The

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ims

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ettle

men

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ettle

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s. N

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a th

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s of

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akeu

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ts. O

ther

iwi a

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cal a

utho

ritie

s m

ay jo

in th

e fo

rum

thro

ugh

cons

ensu

s.

of 170

17

SETT

LEM

ENT

TYP

E O

F EN

TITY

OR

AR

RA

NG

EMEN

T SC

OP

E A

ND

MEM

BER

SHIP

DO

CUM

ENT

AN

D L

EGA

L W

EIG

HTI

NG

2012

WA

IKA

TO R

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NA

L CO

UN

CIL

Ngā

ti T

uwha

reto

a, R

auka

wa,

and

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Ara

wa

Riv

er Iw

i Wai

kato

Riv

er

Act

201

0

JOIN

T CO

MM

ITTE

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ND

ER J

OIN

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AN

AG

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T A

GR

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Rau

kaw

a Se

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men

t Tru

st a

nd W

aika

to R

egio

nal

Coun

cil

Stat

utor

y co

mm

itte

e of

cou

ncil

Wai

kato

Riv

er a

nd a

ctiv

itie

s w

ithi

n it

s ca

tchm

ent a

ffec

ting

th

e W

aika

to R

iver

and

mat

ters

rel

atin

g to

act

ivit

ies

in th

e ca

tchm

ent o

f the

Wai

pā R

iver

from

its

sour

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its

junc

tion

w

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the

Puni

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int

com

mit

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grat

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.

2012

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TO R

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UN

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ti T

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ple

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and

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site

s.D

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opm

ent o

f Co-

man

aged

Lan

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gree

men

t.

2013

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agr

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mem

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inte

d by

iwi

• Th

ree

appo

inte

d by

Auc

klan

d Co

unci

l

Prep

are

and

appr

ove

Rese

rve

Man

agem

ent P

lan.

Gov

erna

nce

and

man

agem

ent w

ork

unde

r th

e Re

serv

es A

ct 1

977.

of 170

18

SETT

LEM

ENT

TYP

E O

F EN

TITY

OR

AR

RA

NG

EMEN

T SC

OP

E A

ND

MEM

BER

SHIP

DO

CUM

ENT

AN

D L

EGA

L W

EIG

HTI

NG

2013

WA

IKA

TO R

EGIO

NA

L CO

UN

CIL

Ngā

Wai

o M

ania

poto

(W

aipā

Riv

er)

Act

201

2

JOIN

T CO

MM

ITTE

E U

ND

ER J

OIN

T M

AN

AG

EMEN

T A

GR

EEM

ENT

Wai

kato

Reg

iona

l Cou

ncil,

Wai

tom

o D

istr

ict

Coun

cil,

Wai

kato

Dis

tric

t Cou

ncil,

Wai

pa D

istr

ict

Coun

cil a

nd M

ania

poto

Māo

ri T

rust

Boa

rd

Stat

utor

y co

mm

itte

e of

cou

ncil

Wai

pā R

iver

and

act

ivit

ies

wit

hin

its

catc

hmen

t aff

ecti

ng th

e W

aipā

Riv

er.

Eigh

t m

embe

rs –

Join

t M

anag

emen

t A

gree

men

t jo

int

com

mit

tee

• Fo

ur a

ppoi

nted

by

iwi

• Fo

ur a

ppoi

nted

by

Wai

kato

Reg

iona

l Cou

ncil

Dev

elop

men

t of J

oint

Man

agem

ent A

gree

men

t.

Esta

blis

hmen

t of c

o-go

vern

ance

com

mit

tee.

Esta

blis

hmen

t of p

roce

sses

for

RM

A p

lann

ing

docu

men

ts, r

esou

rce

cons

ents

, mon

itor

ing

and

enfo

rcem

ent a

nd c

usto

mar

y ac

tivi

ties

.

Upp

er W

aipā

Riv

er In

tegr

ated

Man

agem

ent P

lan

(to

be d

evel

oped

).

2013

WA

IKA

TO R

EGIO

NA

L CO

UN

CIL

Wai

kato

Tai

nui R

aupa

tu (

Wai

kato

R

iver

) Se

ttle

men

t A

ct 2

010

JOIN

T CO

MM

ITTE

E U

ND

ER J

OIN

T M

AN

AG

EMEN

T A

GR

EEM

ENT

Wai

kato

Rau

patu

Riv

er T

rust

and

Wai

kato

Reg

iona

l Co

unci

l

Stat

utor

y co

mm

itte

e of

cou

ncil

Wai

kato

Riv

er a

nd a

ctiv

itie

s w

ithi

n it

s ca

tchm

ent a

ffec

ting

the

Wai

kato

Riv

er.

Eigh

t m

embe

rs –

Join

t M

anag

emen

t A

gree

men

t jo

int

com

mit

tee

• Fo

ur a

ppoi

nted

by

iwi

• Fo

ur a

ppoi

nted

by

Wai

kato

Reg

iona

l Cou

ncil

Dev

elop

men

t of J

oint

Man

agem

ent A

gree

men

t.

Esta

blis

hmen

t of c

o-go

vern

ance

com

mit

tee.

Esta

blis

hmen

t of p

roce

sses

for

RM

A p

lann

ing

docu

men

ts, r

esou

rce

cons

ents

, mon

itor

ing

and

enfo

rcem

ent a

nd c

usto

mar

y ac

tivi

ties

.

Inte

grat

ed R

iver

Man

agem

ent P

lan

(to

be d

evel

oped

).

2014

BA

Y O

F P

LEN

TY R

EGIO

NA

L CO

NCI

L

Tapu

ika

Clai

ms

Sett

lem

ent

Act

201

4

TE M

AR

U O

KA

ITU

NA

Kait

una

Riv

er A

utho

rity

22

Perm

anen

t joi

nt c

omm

itte

e of

cou

ncil

Kait

una

Riv

er in

clud

ing

its

trib

utar

ies.

Ten

mem

bers

• Fi

ve a

ppoi

nted

by

iwi

• Fi

ve a

ppoi

nted

by

rele

vant

loca

l aut

hori

ties

• N

gāti

Wha

kaue

was

app

oint

ed o

nto

the

Foru

m th

roug

h a

cons

ensu

s de

cisi

on o

f the

foru

m in

June

201

7

Kait

una

Riv

er D

ocum

ent.

RM

A P

lann

ing

Doc

umen

ts

Loca

l aut

hori

ty m

ust r

ecog

nise

and

pro

vide

for

the

visi

on,

obje

ctiv

es a

nd d

esir

ed o

utco

mes

of t

he K

aitu

na R

iver

Doc

umen

t.

Prio

r to

pla

n ch

ange

loca

l aut

hori

ty m

ust h

ave

rega

rd to

the

Kait

una

Riv

er D

ocum

ent.

LGA

Coun

cils

mus

t tak

e in

to a

ccou

nt th

e pr

ovis

ions

of t

he K

aitu

na R

iver

D

ocum

ent w

hen

mak

ing

deci

sion

s un

der

the

LGA

.

2014

AU

CKLA

ND

CO

UN

CIL

Ngā

Man

a W

henu

a o

Tām

aki

Mak

aura

u Co

llect

ive

Red

ress

Act

20

14

TŪP

UN

A M

AU

NG

A O

TĀ

MA

KI M

AK

AU

RA

U A

UTH

OR

ITY

Stat

utor

y au

thor

ity

Cove

rs th

e 14

Tūp

una

Mau

nga

(anc

estr

al m

ount

ains

) tr

ansf

erre

d co

llect

ivel

y to

Ngā

Man

a W

henu

a o

Tām

aki

Mak

aura

u.23

Thir

teen

mem

bers

• Si

x ap

poin

ted

by iw

i

• Si

x ap

poin

ted

by A

uckl

and

Coun

cil

• O

ne n

on-v

otin

g m

embe

r ap

poin

ted

by th

e M

inis

ter

for

Art

s, C

ultu

re a

nd H

erit

age

Prep

are

and

appr

ove

the

Inte

grat

ed M

anag

emen

t Pla

n (I

MP)

- s4

1 of

the

Rese

rves

Act

app

lies

to th

e IM

P.

Hol

d an

nual

hui

bet

wee

n N

gā M

ana

Whe

nua

o Tā

mak

i Mak

aura

u an

d A

uckl

and

Coun

cil.

Each

yea

r th

e Tū

puna

Mau

nga

Aut

hori

ty a

nd A

uckl

and

Coun

cil

mus

t agr

ee a

nd a

dopt

an

annu

al o

pera

tion

al p

lan.

Oth

er g

over

nanc

e an

d m

anag

emen

t wor

k un

der

the

Rese

rves

Act

19

77.

22

Ngā

ti Ra

ngiw

eweh

i, W

aita

ha a

nd a

ffilia

te T

e A

raw

a al

l hav

e a

seat

on

the

Kaitu

na R

iver

Aut

horit

y vi

a th

e Ta

puik

a Se

ttle

men

t Act

. Oth

er iw

i and

loca

l aut

horit

ies

can

join

the

Kaitu

na R

iver

Aut

horit

y th

roug

h co

nsen

sus

of th

e Au

thor

ity o

r thr

ough

Tre

aty

legi

slat

ion.

23

The

colle

ctiv

e gr

oup

of iw

i of A

uckl

and.

of 170

19

SETT

LEM

ENT

TYP

E O

F EN

TITY

OR

AR

RA

NG

EMEN

T SC

OP

E A

ND

MEM

BER

SHIP

DO

CUM

ENT

AN

D L

EGA

L W

EIG

HTI

NG

2015

NO

RTH

LAN

D R

EGIO

NA

L CO

UN

CIL

Te H

iku

Clai

ms

Sett

lem

ent

Act

201

5

Colle

ctiv

e re

dres

s fo

r N

inet

y M

ile

Bea

ch24

TE O

NER

OA

A T

ŌH

Ē B

OA

RD

Nin

ety

Mile

Bea

ch

Perm

anen

t joi

nt c

omm

itte

e of

cou

ncil

Te O

nero

a a

Tōhē

man

agem

ent a

rea

whi

ch in

clud

es th

e m

arin

e an

d co

asta

l are

a, m

argi

nal s

trip

s ad

jace

nt to

the

beac

h,

Beac

h si

tes

A to

D (M

ai I

Wai

kana

e ki

Wai

koro

pūpū

noa,

Mai

i H

ukat

ere

ki W

aim

ahur

u, M

ai I

Ngā

pae

ki W

aim

oho

and

Mai

I W

aim

imih

a ki

Ngā

pae)

and

may

incl

ude

any

adja

cent

land

su

bjec

t to

Boar

d an

d la

nd o

wne

r ag

reem

ent

Eigh

t m

embe

rs

• Fo

ur a

ppoi

nted

by

Te H

iku

iwi

• Fo

ur a

ppoi

nted

by

rele

vant

loca

l aut

hori

ties

Dev

elop

men

t and

app

rova

l of B

each

Man

agem

ent P

lan.

Incl

udes

the

deve

lopm

ent o

f fou

r Re

serv

e m

anag

emen

t pla

ns

(und

er s

41 o

f the

Res

erve

s A

ct 1

977)

.

RM

A p

lann

ing

docu

men

ts

Loca

l aut

hori

ty m

ust r

ecog

nise

and

pro

vide

for

the

visi

on,

obje

ctiv

es a

nd d

esir

ed o

utco

mes

iden

tifie

d in

the

Beac

h M

anag

emen

t Pla

n. C

ounc

il m

ust h

ave

rega

rd to

the

Beac

h M

anag

emen

t Pla

n un

til th

e ob

ligat

ion

abov

e ha

s be

en c

ompl

ied

with

.

LGA

Coun

cils

mus

t tak

e in

to a

ccou

nt th

e Be

ach

Man

agem

ent P

lan

whe

n m

akin

g de

cisi

ons

unde

r th

e LG

A.

2015

HA

WK

E’S

BA

Y R

EGIO

NA

L CO

UN

CIL

Haw

kes

Bay

Reg

iona

l Pla

nnin

g Co

mm

itte

e A

ct 2

015

HA

WK

E’S

BA

Y R

EGIO

NA

L P

LAN

NIN

G C

OM

MIT

TEE

Perm

anen

t joi

nt c

omm

itte

e of

cou

ncil

To o

vers

ee th

e de

velo

pmen

t and

rev

iew

of R

MA

doc

umen

ts.

Twen

ty m

embe

rs

• Te

n ap

poin

ted

by iw

i

• Te

n ap

poin

ted

by H

awke

’s B

ay R

egio

nal C

ounc

il

The

Haw

kes

Bay

Regi

onal

Pla

nnin

g Co

mm

itte

e m

ay r

ecom

men

d to

th

e co

unci

l for

pub

lic n

otifi

cati

on th

e co

nten

t of a

ny d

raft

cha

nge

to th

e re

gion

al p

olic

y st

atem

ent o

r re

gion

al p

lan,

or

prop

osed

pl

an a

nd to

mon

itor

the

effici

ency

and

eff

ecti

vene

ss o

f the

RM

A

docu

men

ts in

acc

orda

nce

wit

h s3

5 of

the

RM

A a

nd im

plem

ent a

w

ork

prog

ram

me

for

thei

r re

view

.

Voti

ng b

y co

mm

itte

e re

quir

es a

t lea

st a

sup

er m

ajor

ity

(80

per

cent

of

mem

bers

pre

sent

).

Coun

cil c

anno

t sim

ply

reje

ct a

rec

omm

enda

tion

mad

e by

the

Haw

kes

Bay

Regi

onal

Pla

nnin

g Co

mm

itte

e.

Coun

cil i

s re

quir

ed to

ref

er b

ack

for

furt

her

Haw

kes

Bay

Regi

onal

Pla

nnin

g Co

mm

itte

e co

nsid

erat

ion

if co

unci

l is

min

ded

not t

o ac

cept

a H

awke

s Ba

y Re

gion

al P

lann

ing

Com

mit

tee

reco

mm

enda

tion

.

2016

WA

IKA

TO R

EGIO

NA

L CO

UN

CIL

Nga

āti T

uwha

reto

a, R

auka

wa,

and

Te

Ara

wa

Riv

er Iw

i Wai

kato

Riv

er

Act

201

0

JOIN

T CO

MM

ITTE

E U

ND

ER J

OIN

T M

AN

AG

EMEN

T A

GR

EEM

ENT

Tūw

hare

toa

Māo

ri T

rust

Boa

rd a

nd W

aika

to

Regi

onal

Cou

ncil

(sig

ned

2016

)

Stat

utor

y co

mm

itte

e of

cou

ncil

Mat

ters

rel

atin

g to

the

Wai

kato

Riv

er a

nd a

ctiv

itie

s w

ithi

n it

s ca

tchm

ent a

ffec

ting

the

Wai

kato

Riv

er a

nd m

atte

rs r

elat

ing

to

the

wat

erw

ays

wit

hin

Taup

o W

ater

s.

Eigh

t m

embe

rs -

Join

t M

anag

emen

t A

gree

men

t jo

int

com

mit

tee

• Fo

ur a

ppoi

nted

by

iwi

• Fo

ur a

ppoi

nted

by

Wai

kato

Reg

iona

l Cou

ncil

Dev

elop

men

t of J

oint

Man

agem

ent A

gree

men

t.

Esta

blis

hmen

t of c

o-go

vern

ance

com

mit

tee.

Esta

blis

hed

proc

esse

s fo

r R

MA

pla

nnin

g do

cum

ents

, res

ourc

e co

nsen

ts, m

onit

orin

g an

d en

forc

emen

t and

cus

tom

ary

acti

viti

es.

Upp

er W

aika

to R

iver

Inte

grat

ed M

anag

emen

t Pla

n (t

o be

de

velo

ped)

.

24

Te H

iku

Clai

ms

Sett

lem

ent A

ct 2

015

cont

ains

the

colle

ctiv

e re

dres

s fo

r Nin

ety

Mile

Bea

ch. I

t inc

lude

s th

e fo

llow

ing

iwi:

Te A

upou

ri, N

gāiT

akot

o, T

e Ra

raw

a an

d N

gāti

Kuri.

Ngā

ti Ka

hu is

at t

he d

eed

of s

ettle

men

t sta

ge b

ut h

as d

ecid

ed n

ot to

join

the

Te O

nero

a a

Tōhē

Boa

rd.

of 170

20

SETT

LEM

ENT

TYP

E O

F EN

TITY

OR

AR

RA

NG

EMEN

T SC

OP

E A

ND

MEM

BER

SHIP

DO

CUM

ENT

AN

D L

EGA

L W

EIG

HTI

NG

2016

HO

RIZ

ON

S R

EGIO

NA

L CO

UN

CIL

Ran

gitā

ne o

Man

awat

u Cl

aim

s Se

ttle

men

t A

ct 2

016

MA

NA

WA

TU R

IVER

CA

TCH

MEN

T A

DV

ISO

RY

BO

AR

D

Stat

utor

y bo

ard

Boar

d ca

n be

dis

esta

blis

hed

by m

ajor

ity

vote

Man

awat

u R

iver

cat

chm

ent t

hat i

s w

ithi

n H

oriz

ons

Regi

onal

Co

unci

l jur

isdi

ctio

n.

Mem

bers

hip

• H

oriz

ons

Regi

onal

Cou

ncil

and

iwi t

o dr

aft t

erm

s of

re

fere

nce

for

the

appo

intm

ent o

f mem

bers

, ope

rati

on a

nd

adm

inis

trat

ion

of th

e Bo

ard

The

Boar

d m

ay p

rovi

de w

ritt

en a

dvic

e to

Hor

izon

s Re

gion

al C

ounc

il in

rel

atio

n to

fres

hwat

er m

anag

emen

t iss

ues.

Hor

izon

s Re

gion

al C

ounc

il m

ust h

ave

rega

rd to

adv

ice

of th

e Bo

ard

and

repo

rt b

ack

to th

e Bo

ard

as to

how

the

coun

cil c

onsi

dere

d th

at

advi

ce.

2017

HO

RIZ

ON

S R

EGIO

NA

L CO

UN

CIL

Te A

wa

Tupu

a (W

hang

anui

Riv

er

Clai

ms

Sett

lem

ent)

Act

201

725

TE K

ŌP

UK

A N

Ā T

E A

WA

TU

PU

A (

STR

ATE

GY

GR

OU

P)

Perm

anen

t joi

nt c

omm

itte

e of

cou

ncil

Wha

ngan

ui R

iver

cat

chm

ent f

rom

the

mou

ntai

ns to

the

sea.

Up

to s

even

teen

mem

bers

• O

ne a

ppoi

nted

by

Ngā

Tān

gata

Tia

ki o

Wha

ngan

ui

• U

p to

five

app

oint

ed b

y iw

i wit

h in

tere

sts

in th

e W

hang

anui

Riv

er

• U

p to

four

app

oint

ed b

y th

e re

leva

nt lo

cal a

utho

riti

es

• O

ne a

ppoi

nted

by

Fish

and

Gam

e N

ew Z

eala

nd

• O

ne a

ppoi

nted

by

the

Dir

ecto

r-G

ener

al o

f Con

serv

atio

n

• O

ne a

ppoi

nted

by

Gen

esis

Ene

rgy

Lim

ited

• Fo

ur m

embe

rs a

ppoi

nted

by

Hor

izon

s Re

gion

al C

ounc

il to

re

pres

ent t

he fo

llow

ing

inte

rest

s:

• en

viro

nmen

tal a

nd c

onse

rvat

ion

• to

uris

m

• re

crea

tion

al

• pr

imar

y se

ctor

.

Te K

eke

Nga

huru

(Man

agem

ent S

trat

egy

Doc

umen

t).

Pers

ons

exer

cisi

ng p

ower

s un

der

a nu

mbe

r of

sta

tute

s m

ust h

ave

part

icul

ar r

egar

d to

Te

Hek

e N

gahu

ru.

Stat

utor

y de

cisi

on m

aker

s un

der

a ra

nge

of s

tatu

tes

mus

t rec

ogni

se

and

prov

ide

for

the

stat

us o

f Te

Aw

a Tu

pua

and

Tupu

a Te

Kaw

a.

RM

A p

lann

ing

docu

men

ts

Mus

t con

side

r R

MA

pla

nnin

g do

cum

ents

in li

ght o

f Te

Hek

e N

gahu

ru.

25

Te A

wa

Tupu

a is

the

Wha

ngan

ui R

iver

’s le

gal i

dent

ity.

of 170

21

SETT

LEM

ENT

TYP

E O

F EN

TITY

OR

AR

RA

NG

EMEN

T SC

OP

E A

ND

MEM

BER

SHIP

DO

CUM

ENT

AN

D L

EGA

L W

EIG

HTI

NG

2017

WA

IKA

TO R

EGIO

NA

L CO

UN

CIL

Dee

d of

Set

tlem

ent

of H

isto

rica

l cl

aim

s –

Ngā

ti T

ūwha

reto

a

(si

gned

8 Ju

ly 2

017)

TE K

OP

UA

KĀ

NA

PAN

APA

(Tau

po C

atch

men

t Ent

ity)

Perm

anen

t joi

nt c

omm

itte

e of

cou

ncil

Juri

sdic

tion

acr

oss

the

who

le L

ake

Taup

ō ca

tchm

ent.

Eigh

t m

embe

rs

• Fo

ur a

ppoi

nted

by

Ngā

ti T

ūwha

reto

a

• Fo

ur a

ppoi

nted

by

rele

vant

loca

l aut

hori

ties

Te K

aupa

pa K

aiti

aki (

Taup

ō Ca

tchm

ent P

lan)

RM

A p

lann

ing

docu

men

ts

Loca

l aut

hori

ty m

ust r

ecog

nise

and

pro

vide

for

the

visi

on,

obje

ctiv

es a

nd d

esir

ed o

utco

mes

in T

e Ka

upap

a Ka

itia

ki.

Res

ourc

e co

nsen

t

Loca

l aut

hori

ty m

ust h

ave

part

icul

ar r

egar

d to

Te

Kaup

apa

Kait

iaki

.

LGA

A lo

cal a

utho

rity

mus

t hav

e pa

rtic

ular

reg

ard

to T

e Ka

upap

a Ka

itia

ki

in p

repa

ring

or

appr

ovin

g lo

ng te

rm p

lans

or

annu

al p

lans

und

er

the

LGA

.

2017

GIS

BO

RN

E D

ISTR

ICT

COU

NCI

L

Nga

i Tām

anuh

iri C

laim

s Se

ttle

men

t A

ct 2

012

LOCA

L LE

AD

ERSH

IP B

OD

Y

Perm

anen

t joi

nt c

omm

itte

e of

cou

ncil

Purp

ose

of th

e Lo

cal L

eade

rshi

p Bo

dy is

to c

ontr

ibut

e to

the

sust

aina

ble

man

agem

ent o

f the

nat

ural

and

phy

sica

l res

ourc

es

in th

e Lo

cal L

eade

rshi

p Bo

dy A

rea.

26

Twel

ve m

embe

rs

• Si

x ap

poin

ted

by iw

i

• Si

x ap

poin

ted

by G

isbo

rne

Dis

tric

t Cou

ncil

Prim

ary

func

tion

is to

ach

ieve

the

purp

ose.

Gat

her

and

diss

emin

ate

info

rmat

ion

and

hold

mee

ting

s to

iden

tify

ex

isti

ng a

nd n

ew is

sues

.

Dev

elop

pol

icy

and

stra

tegi

es a

nd m

onit

or th

e sa

me.

Prom

ote

inte

grat

ed a

nd c

oord

inat

e m

anag

emen

t of t

he n

atur

al a

nd

phys

ical

res

ourc

es o

f the

Loc

al L

eade

rshi

p Bo

dy a

rea.

Prov

ide

info

rmat

ion

to a

ssis

t wit

h th

e pr

epar

atio

n of

RM

A p

lann

ing

docu

men

ts.

FUTU

RE

NO

RTH

LAN

D R

EGIO

NA

L CO

UN

CIL

AN

D A

UCK

LAN

D C

OU

NCI

L

Ngā

ti W

hatu

a Iw

i

Kai

para

Moa

na F

ram

ewor

k A

gree

men

t

(sig

ned

2014

)

KA

IPA

RA

MO

AN

A B

OD

Y

Com

mit

tee

stat

us to

be

dete

rmin

edTh

e co

asta

l mar

ine

area

of t

he K

aipa

ra H

arbo

ur (K

aipa

ra

Moa

na) a

nd a

ny a

gree

d pa

rts

of th

e ri

vers

flow

ing

into

the

Kaip

ara

Moa

na a

nd th

e co

asta

l env

iron

men

t of K

aipa

ra M

oana

(t

o be

det

erm

ined

).

Mem

bers

hip

to b

e de

term

ined

but

equ

al iw

i and

cou

ncil

mem

bers

Prep

are

and

appr

ove

the

Kaip

ara

Moa

na S

trat

egic

doc

umen

t.

Leve

l of l

egal

wei

ghti

ng to

be

dete

rmin

ed.

26

The

Loca

l Lea

ders

hip

Body

are

a is

out

lined

in th

e O

TS D

eed

plan

OTS

-005

-044

und

er th

e N

gai T

āman

uhiri

Dee

d of

Set

tlem

ent.

of 170

22

SETT

LEM

ENT

TYP

E O

F EN

TITY

OR

AR

RA

NG

EMEN

T SC

OP

E A

ND

MEM

BER

SHIP

DO

CUM

ENT

AN

D L

EGA

L W

EIG

HTI

NG

FUTU

RE

BA

Y O

F P

LEN

TY R

EGIO

NA

L CO

UN

CIL

Taur

anga

Moa

na Iw

i Col

lect

ive

Dee

d27

(sig

ned

2015

)

TAU

RA

NG

A M

OA

NA

GO

VER

NA

NCE

GR

OU

P

Com

mit

tee

stat

us to

be

dete

rmin

edTh

e w

ater

s (i

nclu

ding

inte

rnal

wat

ers

and

tida

l lag

oons

) and

ot

her

natu

ral r

esou

rces

and

oth

er g

eogr

aphi

cal f

eatu

res

(inc

ludi

ng T

aura

nga

Har

bour

) com

pris

ing

the

coas

tal m

arin

e ar

ea; a

nd th

e ri

vers

, str

eam

s, c

reek

s an

d na

tura

l wat

erco

urse

s w

ithi

n th

e ca

tchm

ent i

n Ta

uran

ga H

arbo

ur o

r th

e se

a at

an

y po

ints

; and

wet

land

s, s

wam

ps, a

nd la

goon

s w

ithi

n th

e ca

tchm

ent a

nd th

e be

ds a

nd a

quat

ic m

argi

ns o

f the

wat

er

bodi

es; a

nd th

e ec

osys

tem

s as

soci

ated

wit

h th

e w

ater

s an

d na

tura

l fea

ture

s.

Mem

bers

hip

to b

e de

term

ined

but

equ

al iw

i and

cou

ncil

num

bers

.

Prep

are

and

adop

t Nga

Tai

ki M

auao

(Ta

uran

ga M

oana

Fra

mew

ork

docu

men

t).

Leve

l of l

egal

wei

ghti

ng to

be

dete

rmin

ed.

FUTU

RE

WA

IKA

TO R

EGIO

NA

L CO

UN

CIL

Pare

Hau

raki

Col

lect

ive

Red

ress

D

eed

of S

ettl

emen

t

(in

itia

lled

Dec

embe

r 20

16)

WA

IHO

U, P

IAK

O, C

OR

OM

AN

DEL

CA

TCH

MEN

T A

UTH

OR

ITY

Stat

utor

y au

thor

ity

The

wat

erw

ays

of th

e Co

rom

ande

l, W

aiho

u an

d Pi

ako

catc

hmen

ts.

Four

teen

mem

bers

• Se

ven

appo

inte

d by

iwi

• Tw

o ap

poin

ted

by W

aika

to R

egio

nal C

ounc

il

• Fi

ve a

ppoi

nted

by

rele

vant

terr

itor

ial a

utho

riti

es

Subc

omm

itte

e

Te M

ātāp

una

o ng

ā W

aiho

u Pi

ako

is to

be

esta

blis

hed

as a

co

mm

itte

e of

the

co-g

over

nanc

e au

thor

ity

and

will

focu

s on

th

e up

per

Wai

hou

and

Piak

o ri

vers

.

Eigh

t m

embe

rs o

n su

bcom

mit

tee

• Fo

ur a

ppoi

nted

by

iwi

• Fo

ur a

ppoi

nted

by

rele

vant

loca

l aut

hori

ties

Hau

raki

Aut

hori

ty R

esou

rce

Plan

(HA

RP)

Effec

t of

HA

RP

on t

he R

PS a

nd r

esou

rce

cons

ents

Two

met

hods

for

inco

rpor

atio

n of

the

plan

into

the

RPS

. Thr

ough

di

rect

inco

rpor

atio

n or

thro

ugh

the

oblig

atio

n to

“re

cogn

ise

and

prov

ide

for”

the

plan

thro

ugh

the

RM

A p

roce

ss. C

ounc

il m

ust h

ave

rega

rd to

pla

n un

til t

he o

blig

atio

n ab

ove

has

been

com

plie

d w

ith.

If d

irec

t inc

orpo

rati

on th

en th

e co

mpo

nent

of t

he R

PS c

onta

inin

g H

AR

P m

ay n

ot b

e am

ende

d ev

en w

hen

the

RPS

is u

nder

rev

iew

. Sc

hedu

le 1

of t

he R

MA

doe

s no

t app

ly to

dir

ect i

ncor

pora

tion

.

LGA

A lo

cal a

utho

rity

mus

t hav

e pa

rtic

ular

reg

ard

to th

e ca

tchm

ent p

lan

whe

n m

akin

g de

cisi

ons

unde

r th

e LG

A.

FUTU

RE

WA

IKA

TO R

EGIO

NA

L CO

UN

CIL

Man

gata

ngi a

nd M

anga

taw

hiri

W

ater

way

s

(sep

arat

e bu

t pa

rt o

f H

aura

ki

Colle

ctiv

e)

UP

PER

MA

NG

ATA

NG

I AN

D M

AN

GA

TAW

HIR

I CA

TCH

MEN

T A

UTH

OR

ITY

Stat

us o

f com

mit

tee

to b

e de

term

ined

The

wat

erw

ays

of th

e U

pper

Man

gata

ngi a

nd M

anga

taw

hiri

ca

tchm

ents

.

Com

mit

tee

mem

bers

hip

to b

e fin

alis

ed.

Upp

er M

anga

tang

i and

Man

gata

whi

ri C

atch

men

ts P

lan.

Effec

t on

RM

A a

nd L

GA

doc

umen

ts to

be

final

ised

.

27

Taur

anga

Moa

na Iw

i Col

lect

ive

Dee

d in

clud

es N

gai T

e Ra

ngi,

Ngā

ti Pu

keng

a an

d N

gāti

Rang

inui

.

of 170

23

SETT

LEM

ENT

TYP

E O

F EN

TITY

OR

AR

RA

NG

EMEN

T SC

OP

E A

ND

MEM

BER

SHIP

DO

CUM

ENT

AN

D L

EGA

L W

EIG

HTI

NG

FUTU

RE

HA

WK

E’S

BA

Y R

EGIO

NA

L CO

UN

CIL

Ahu

riri

Hap

u D

eed

of S

ettl

emen

t

(sig

ned

2016

)

TE K

OM

ITI M

UR

IWA

I O T

E W

HA

NG

A

Stat

utor

y au

thor

ity

Ahu

riri

Est

uary

and

cat

chm

ent a

reas

.28

Eigh

t m

embe

rs

Four

app

oint

ed b

y iw

i

Thre

e ap

poin

ted

by r

elev

ant l

ocal

aut

hori

ties

One

app

oint

ed b

y th

e D

epar

tmen

t of C

onse

rvat

ion

Prep

are

and

appr

ove

Te M

uriw

ai o

Te

Wha

nga

Plan

.

Loca

l aut

hori

ty m

ust h

ave

rega

rd to

the

Te M

uriw

ai o

Te

Wha

nga

Plan

whe

n pr

epar

ing

or a

men

ding

a R

MA

pla

nnin

g do

cum

ent o

r re

sour

ce c

onse

nt a

pplic

atio

n.

LGA

A lo

cal a

utho

rity

mus

t hav

e re

gard

to T

e M

uriw

ai o

Te

Wha

nga

Plan

w

hen

mak

ing

a de

cisi

on u

nder

the

LGA

200

2.

FUTU

RE

HO

RIZ

ON

S R

EGIO

NA

L CO

UN

CIL

Ngā

ti R

angi

Dee

d of

Set

tlem

ent

(ini

tial

led

Aug

ust

2017

)

TE W

AIŪ

-O-T

E-IK

A (

WH

AN

GA

EHU

RIV

ER)

CATC

HM

ENT

ENTI

TY (E

ntit

y na

me

to b

e de

term

ined

)

Perm

anen

t joi

nt c

omm

itte

e of

cou

ncil

Te W

aiū-

o-te

-Ika

(W

hang

aehu

Riv

er) C

atch

men

t.

Ten

mem

bers

• Fi

ve a

ppoi

nted

by

iwi

• Fi

ve a

ppoi

nted

by

rele

vant

loca

l aut

hori

ties

Prep

are

Te W

aiū-

o-te

-Ika

cat

chm

ent d

ocum

ent.

Whe

n m

akin

g de

cisi

ons

on r

esou

rce

cons

ents

, a c

onse

nt a

utho

rity

m

ust h

ave

part

icul

ar r

egar

d to

the

Te W

aiū-

o-te

-Ika

cat

chm

ent

docu

men

t.

LGA

A lo

cal a

utho

rity

mus

t hav

e pa

rtic

ular

reg

ard

to th

e Te

Wai

ū-o-

te-

Ika

catc

hmen

t doc

umen

t.

28

Te M

uriw

ai o

Te

Wha

nga

or T

e W

hang

a m

eans

the

Ahu

riri E

stua

ry a

nd c

atch

men

t are

as s

how

n on

SO

486

367

unde

r the

Ahu

riri H

apu

Dee

d of

Set

tlem

ent.

Lake

Tau

pō

of 170

24

AP

PEN

DIX

2: T

REA

TY S

ETTL

EMEN

T CO

STS

The

esti

mat

ed c

osts

in th

e ta

ble

belo

w a

re in

dica

tive

for

all c

ounc

ils.

Part

icip

atin

g co

unci

ls h

ave

asse

ssed

cos

ts b

y ei

ther

usi

ng th

e Fr

amew

ork

or b

y an

othe

r m

eans

. O

nce

an u

pdat

ed a

nd

enha

nced

ver

sion

of t

he F

ram

ewor

k is

ava

ilabl

e al

l cou

ncils

will

be

able

to u

se it

to p

redi

ct th

e co

sts

asso

ciat

ed w

ith

Trea

ty s

ettle

men

ts.

TREA

TY S

ETTL

EMEN

T CO

STS

(CR

OW

N A

ND

CO

UN

CIL)

FO

R P

AR

TICI

PATI

NG

CO

UN

CILS

. CO

UN

CIL

SETT

LEM

ENT

CRO

WN

CO

NTR

IBU

TIO

NA

CTU

AL

OR

EST

IMA

TED

CO

STS

TO C

OU

NCI

LS

WA

IKA

TO R

EGIO

NA

L CO

UN

CIL

Wai

kato

-Tai

nui R

aupa

tu C

laim

s (W

aika

to R

iver

) Set

tlem

ent A

ct 2

010

and

Nga

ti T

uwha

reto

a, R

auka

wa

and

Te

Ara

wa

Riv

er Iw

i Wai

kato

Riv

er A

ct

2010

Nil

RM

A p

lann

ing

docu

men

t ch

ange

s (H

ealt

hy R

iver

s)29

Trea

ty le

gisl

atio

n re

late

d pl

an c

hang

e pr

oces

s co

st $

5,86

0,00

0.30

WA

IKA

TO R

EGIO

NA

L CO

UN

CIL

Wai

kato

-Tai

nui R

aupa

tu C

laim

s (W

aika

to R

iver

) Set

tlem

ent A

ct 2

010

$41,

104.

5931

For

deve

lopm

ent o

f the

Join

t Man

agem

ent

Agr

eem

ent w

ith

Wai

kato

Rau

patu

Set

tlem

ent

Trus

t

Join

t M

anag

emen

t A

gree

men

t (a

nd c

omm

itte

e co

sts)

32

Dev

elop

men

t cos

ts fo

r th

e Jo

int M

anag

emen

t Agr

eem

ent w

ere

$664

,754

.

Ong

oing

cos

ts a

re u

nkno

wn.

GIS

BO

RN

E D

ISTR

ICT

COU

NCI

LN

gai T

āman

uhir

i Cla

ims

Sett

lem

ent

Act

201

2 N

ilB

oard

Esta

blis

hing

the

Loca

l Lea

ders

hip

Boar

d ha

s be

en e

stim

ated

at $

50,0

00.

Ong

oing

cos

ts h

ave

been

est

imat

ed a

t $50

,000

per

ann

um.33

BA

Y O

F P

LEN

TY R

EGIO

NA

L CO

UN

CIL

Ngā

ti W

hare

Cla

ims

Sett

lem

ent A

ct

2012

and

Ngā

ti M

anaw

a Cl

aim

s Se

ttle

men

t Act

201

2

Nil

Ran

gitā

iki R

iver

Doc

umen

t

Dev

elop

men

t cos

ts fo

r th

e D

ocum

ent h

ave

been

est

imat

ed a

t $16

4,00

0.

Ong

oing

cos

ts a

re u

nkno

wn.

AU

CKLA

ND

CO

UN

CIL

Nga

ti W

hatu

a O

rake

i Cla

ims

Sett

lem

ent A

ct 2

012

No

one-

off C

row

n co

ntri

buti

on. H

owev

er,

annu

al g

rant

from

TPK

cov

ers

mem

ber

fees

and

m

eeti

ng c

osts

Res

erve

s B

oard

Ong

oing

cos

ts h

ave

been

est

imat

ed a

t $17

5,00

0 pe

r an

num

(exc

ludi

ng C

row

n co

ntri

buti

on).34

Man

agem

ent

plan

Exte

rnal

ass

ista

nce

for

the

prep

arat

ion

of th

e do

cum

ent e

stim

ated

one

-off

cos

t of $

100,

000.

29

This

pla

n ch

ange

invo

lved

the

five

Wai

kato

Riv

er a

nd W

aipa

Riv

er iw

i sus

pend

ing

thei

r joi

nt w

orki

ng p

arty

mee

tings

und

er th

eir r

espe

ctiv

ce Jo

int M

anag

emen

t Agr

eem

ents

with

Wai

kato

Reg

iona

l Cou

ncil

to m

eet a

s pa

rt o

f the

Hea

lthy

Rive

rs p

lan

chan

ge.

At th

e tim

e N

gāti

Tuw

hare

toa

did

not h

ave

a si

gned

Join

t Man

agem

ent A

gree

men

t with

Wai

kato

Reg

iona

l Cou

ncil.

30

This

is fo

r the

per

iod

2012

to 2

016.

31

This

am

ount

was

pai

d re

tros

pect

ivel

y by

the

Crow

n.

32

Wai

kato

Reg

iona

l Cou

ncil

“Joi

nt M

anag

emen

t Agr

eem

ent R

evie

w W

aika

to R

aupa

tu S

ettle

men

t Tru

st C

ase

Stud

y” 2

014.

33

This

is a

n on

goin

g co

st w

ith n

o en

d pe

riod.

34

This

sum

incl

udes

$10

,000

per

ann

um a

s an

app

ortio

ned

estim

atio

n of

the

cost

of t

he D

ocum

ent (

i.e.,

$100

,000

exp

ende

d ov

er 1

0 ye

ars)

.

of 170

25

COU

NCI

LSE

TTLE

MEN

TCR

OW

N C

ON

TRIB

UTI

ON

ACT

UA

L O

R E

STIM

ATE

D C

OST

S TO

CO

UN

CILS

AU

CKLA

ND

CO

UN

CIL

Ngā

ti W

hātu

a o

Kaip

ara

Clai

ms

Sett

lem

ent A

ct 2

013

Nil

Ngā

ti W

hātu

a o

Kaip

ara

Clai

ms

Sett

lem

ent A

ct

requ

ires

iwi p

arti

cipa

nts

to c

over

thei

r ow

n co

sts

Res

erve

s B

oard

Ong

oing

cos

ts h

ave

been

est

imat

ed a

t $17

9,00

0 pe

r an

num

(exc

ludi

ng C

row

n co

ntri

buti

on).35

Man

agem

ent

plan

Exte

rnal

ass

ista

nce

for

the

prep

arat

ion

of th

e do

cum

ent e

stim

ated

one

-off

cos

t of $

100,

000.

BA

Y O

F P

LEN

TY R

EGIO

NA

L CO

UN

CIL

Tapu

ika

Clai

ms

Sett

lem

ent A

ct 2

014

$250

,000

For

esta

blis

hing

Te

Mar

u o

Kait

una

(Kai

tuna

R

iver

Aut

hori

ty

Aut

hori

ty

Esta

blis

hing

the

Aut

hori

ty is

est

imat

ed a

t $20

,000

per

ann

um.

Ong

oing

cos

ts h

ave

been

est

imat

ed b

etw

een

$50,

000

to $

100,

000

per

annu

m.

Kai

tuna

Riv

er D

ocum

ent

Dev

elop

men

t cos

ts fo

r th

e do

cum

ent h

ave

been

est

imat

ed a

t $20

0,00

0.

Ong

oing

cos

ts a

re u

nkno

wn.

AU

CKLA

ND

CO

UN

CIL

Ngā

Man

a W

henu

a o

Tām

aki

Mak

aura

u Co

llect

ive

Redr

ess

Act

20

14

$400

,000

36

For

esta

blis

hing

Mau

nga

Aut

hori

ty

Aut

hori

ty

The

Crow

n co

ntri

buti

on o

f $40

0,00

0 w

as e

xpen

ded

duri

ng e

stab

lishm

ent p

hase

of t

he A

utho

rity

.37

Ong

oing

cos

ts h

ave

been

est

imat

ed a

t $63

4,00

0 pe

r an

num

.38

Inte

grat

ed M

anag

emen

t Pl

an

Exte

rnal

ass

ista

nce

cont

ract

ed fo

r th

e pr

epar

atio

n of

the

docu

men

t car

ried

a o

ne-o

ff c

ost o

f $2

50,0

00.39

HA

WK

E’S

BA

Y R

EGIO

NA

L CO

UN

CIL

Haw

ke’s

Bay

Reg

iona

l Pla

nnin

g Co

mm

itte

e A

ct 2

015

$100

,000

Haw

ke’s

Bay

Reg

iona

l Pla

nnin

g Co

mm

itte

e

Esta

blis

hing

and

mai

ntai

ning

the

com

mit

tee

has

cost

$78

7,62

7.40

Ong

oing

cos

ts h

ave

been

est

imat

ed a

t $75

3,48

0 pe

r an

num

.41

NO

RTH

LAN

D R

EGIO

NA

L CO

UN

CIL

Te H

iku

Clai

ms

Sett

lem

ent A

ct 2

015

$400

,000

to th

e Bo

ard

$150

,000

to s

uppo

rt th

e in

itia

l ope

rati

on o

f the

Te

One

roa

a Tō

hē B

oard

$250

,000

for

deve

lopi

ng th

e fir

st B

each

M

anag

emen

t Pla

n .

Boa

rd

Esta

blis

hing

the

Boar

d ha

s co

st $

62,6

50.

Ong

oing

cos

ts h

ave

been

est

imat

ed a

t $62

,650

per

ann

um.42

Bea

ch M

anag

emen

t Pl

an

Cost

s ar

e un

know

n.

35

This

sum

incl

udes

$10

,000

per

ann

um a

s an

app

ortio

ned

estim

atio

n of

the

cost

of t

he D

ocum

ent (

i.e.,

$100

,000

exp

ende

d ov

er 1

0 ye

ars)

.

36

This

am

ount

was

pro

vide

d fo

r in

an e

xcha

nge

of le

tter

s be

twee

n Au

ckla

nd C

ounc

il an

d th

e Cr

own.

37

Sett

ing

up th

e M

aung

a Au

thor

ity c

ost m

ore

than

the

Crow

n co

ntrib

utio

n. H

owev

er, t

hese

cos

ts w

ere

not a

ccou

nted

for s

epar

atel

y an

d a

full

estim

ate

has

not b

een

poss

ible

.

38

This

sum

incl

udes

$25

,000

per

ann

um a

s an

app

ortio

ned

cost

of t

he D

ocum

ent (

i.e.,

$250

,000

exp

ende

d ov

er 1

0 ye

ars)

.

39

The

plan

will

like

ly b

e re

view

ed in

10

year

s.

40

Thes

e ar

e th

e ac

tual

cos

ts s

pent

for t

he p

erio

d 20

10 to

201

6.

41

The

incr

ease

in c

osts

is d

ue to

ext

ra m

eetin

gs, t

wo

mee

tings

per

mon

th a

nd th

e co

sts

of in

depe

nden

t adv

isor

s to

Haw

kes

Bay

Regi

onal

Pla

nnin

g Co

mm

ittee

’s ta

ngat

a w

henu

a re

pres

enta

tives

.

42

Esta

blis

hing

the

Boar

d ha

s co

st N

orth

land

Reg

iona

l Cou

ncil

$62,

650.

Thi

s am

ount

has

bee

n fo

re c

aste

d an

nual

ly to

mai

ntai

n it.

Thi

s is

a c

onse

rvat

ive

annu

al e

stim

ate.

It s

houl

d be

not

ed th

at N

orth

land

Reg

iona

l Cou

ncil

has

incu

rred

thes

e co

sts

and

do n

ot fo

rm p

art o

f

the

$400

,000

und

er th

e se

ttle

men

t arr

ange

men

ts.

of 170

26

COU

NCI

LSE

TTLE

MEN

TCR

OW

N C

ON

TRIB

UTI

ON

ACT

UA

L O

R E

STIM

ATE

D C

OST

S TO

CO

UN

CILS

HO

RIZ

ON

S R

EGIO

NA

L CO

UN

CIL

Ran

gitā

ne o

Man

awat

u Cl

aim

s Se

ttle

men

t Act

201

6N

il B

oard

Esta

blis

hing

the

Man

awat

u R

iver

Cat

chm

ent A

dvis

ory

Boar

d ha

s an

est

imat

ed c

ost o

f $24

0,00

0.

Ong

oing

adm

inis

trat

ion

cost

s ha

ve b

een

esti

mat

ed a

t $37

,000

per

ann

um.43

WA

IKA

TO R

EGIO

NA

L CO

UN

CIL

Dee

d of

Set

tlem

ent o

f His

tori

cal

clai

ms

- Ngā

ti T

ūwha

reto

a 20

16$4

00,0

00

For

adm

inis

trat

ive

supp

ort t

o Te

Kop

ua

Kāna

pana

pa

Com

mit

tee

Esta

blis

hing

the

com

mit

tee

has

been

est

imat

ed a

t $36

0,00

0.44

Ong

oing

adm

inis

trat

ion

cost

s ha

ve b

een

esti

mat

ed a

t $17

0,00

0 pe

r an

num

.45

Plan

Dev

elop

men

t cos

ts fo

r th

e pl

an h

ave

been

est

imat

ed a

t $35

0,00

0.46

Ong

oing

impl

emen

tati

on c

osts

hav

e be

en e

stim

ated

at $

62,5

00 p

er a

nnum

.47

HO

RIZ

ON

S R

EGIO

NA

L CO

UN

CIL

Te A

wa

Tupu

a (W

hang

anui

Riv

er

Clai

ms

Sett

lem

ent)

Act

201

7$4

30,0

00

For

esta

blis

hing

Te

Kōpu

ka n

a Te

Aw

a Tu

pua

(Str

ateg

y G

roup

) and

dev

elop

ing

Te H

eke

Nga

huru

(Man

agem

ent S

trat

egy

Doc

umen

t)

Man

agem

ent

Stra

tegy

Doc

umen

t

Dev

elop

men

t and

impl

emen

tati

on c

osts

for

the

stra

tegy

hav

e be

en e

stim

ated

at $

850,

000.

Ong

oing

cos

ts h

ave

been

est

imat

ed a

t $62

,500

per

ann

um.48

BA

Y O

F P

LEN

TY R

EGIO

NA

L CO

UN

CIL

Taur

anga

Moa

na Iw

i Col

lect

ive

Dee

d$5

75,0

00

For

adm

inis

trat

ive

and

tech

nica

l sup

port

to th

e Ta

uran

ga M

oana

Gov

erna

nce

Gro

up

Gov

erna

nce

grou

p

Esta

blis

hing

the

gove

rnan

ce g

roup

has

bee

n es

tim

ated

at $

20,0

00.

Dev

elop

ing

the

Trea

ty d

ocum

ent N

gā T

ai k

i Mau

ao is

est

imat

ed a

t $25

0,00

0.

Ong

oing

cos

ts a

re u

nkno

wn.

HA

WK

E’S

BA

Y R

EGIO

NA

L CO

UN

CIL

Ahu

riri

Hap

u D

eed

of S

ettle

men

t$1

00,0

00

(to

Nap

ier

City

Cou

ncil)

Init

ial o

pera

tion

of T

e Ko

mit

i Mur

iwai

o T

e W

hang

a an

d pr

epar

atio

n an

d ap

prov

al o

f the

fir

st p

lan

Kom

iti

Esta

blis

hing

the

kom

iti i

s es

tim

ated

at $

10,0

00 fo

r H

awke

’s B

ay R

egio

nal C

ounc

il (e

xclu

ding

te

rrit

oria

l aut

hori

ties

).

Ong

oing

cos

ts h

ave

been

est

imat

ed a

t $50

,000

per

ann

um fo

r H

awke

’s B

ay R

egio

nal C

ounc

il (e

xclu

ding

terr

itor

ial a

utho

riti

es).49

Te M

uriw

ai o

Te

Wha

nga

Plan

Dev

elop

men

t cos

ts fo

r th

e pl

an h

ave

been

est

imat

ed a

t $10

0,00

0 fo

r H

awke

’s B

ay R

egio

nal

Coun

cil.

Ong

oing

cos

ts o

f the

pla

ns h

ave

been

est

imat

ed a

t $25

,000

per

ann

um fo

r H

awke

’s B

ay R

egio

nal

Coun

cil.

43

This

am

ount

is fo

r the

firs

t thr

ee y

ears

pos

t boa

rd in

itiat

ion.

The

impl

emen

tatio

n an

d on

goin

g co

stin

gs w

ere

prod

uced

usi

ng th

e Fr

amew

ork.

44

The

Fram

ewor

k ha

s be

en u

sed

to p

rovi

de th

ese

estim

ates

ove

r a 1

2 to

24-

mon

th ti

me

perio

d.

45

The

Fram

ewor

k ha

s be

en u

sed

to p

rovi

de th

ese

estim

ates

with

a th

ree

year

pha

se o

ut p

erio

d to

BAU

cos

ts.

46

The

Fram

ewor

k ha

s be

en u

sed

to p

rovi

de th

ese

estim

ates

with

a 1

2 to

24

mon

th p

hase

out

to B

AU.

47

The

Fram

ewor

k ha

s be

en u

sed

to p

rovi

de th

ese

estim

ates

with

a th

ree

year

pha

se o

ut p

erio

d to

BAU

cos

ts.

48

This

is fo

r the

firs

t thr

ee y

ears

pos

t im

plem

enta

tion

of T

e H

eke

Nga

huru

(man

agem

ent s

trat

egy)

. The

dev

elop

men

t and

impl

emen

tatio

n co

st w

as p

rovi

ded

prio

r to

the

deve

lopm

ent o

f the

Fra

mew

ork.

The

ong

oing

cos

ting

was

pro

duce

d us

ing

the

Fram

ewor

k.

49

This

figu

re a

ssum

es q

uart

erly

mee

tings

with

pre

para

tion

and

atte

ndan

ce b

y 1

Haw

kes

Bay

Regi

onal

Cou

ncil

coun

cillo

r and

up

to 2

rele

vant

sen

ior s

taff,

plu

s 0.

2FTE

Haw

kes

Bay

Regi

onal

Cou

ncil

advi

sory

ser

vice

s. In

itial

ly fo

r pla

n pr

epar

atio

n, th

en c

ontin

uing

as

over

seei

ng

inte

r-ag

ency

impl

emen

tatio

n of

pla

n.

of 170

27

COU

NCI

LSE

TTLE

MEN

TCR

OW

N C

ON

TRIB

UTI

ON

ACT

UA

L O

R E

STIM

ATE

D C

OST

S TO

CO

UN

CILS

WA

IKA

TO R

EGIO

NA

L CO

UN

CIL

Pare

Hau

raki

Col

lect

ive

Redr

ess

Dee

d of

Set

tlem

ent

$500

,000

For

esta

blis

hing

the

Wai

hou,

Pia

ko, C

orom

ande

l Ca

tchm

ent A

utho

rity

and

its

acti

viti

es

Com

mit

tee

Esta

blis

hing

the

com

mit

tee

has

been

est

imat

ed a

t $1,

000,

000.

50

Ong

oing

impl

emen

tati

on/a

dmin

istr

atio

n co

sts

have

bee

n es

tim

ated

at $

500,

000

per

annu

m.51

Plan

Dev

elop

men

t cos

ts fo

r th

e pl

an h

ave

been

est

imat

ed a

t $3,

500,

000.

52

Ong

oing

cos

ts h

ave

been

est

imat

ed a

t $32

0,00

0 pe

r an

num

.53

WA

IKA

TO R

EGIO

NA

L CO

UN

CIL

Pare

Hau

raki

Col

lect

ive

Redr

ess

Dee

d of

Set

tlem

ent

- Man

gata

ngi S

trea

m, M

anga

taw

hiri

R

iver

and

Wha

ngam

arin

o w

etla

nds

$395

,000

– s

ubm

itte

d to

Cro

wn

for

deve

lopm

ent c

osts

for

the

Join

t Man

agem

ent

Agr

eem

ent

Join

t M

anag

emen

t A

gree

men

t

Dev

elop

men

t of t

he Jo

int M

anag

emen

t Agr

eem

ent h

as b

een

esti

mat

ed a

t $39

5,00

0.

Ong

oing

cos

ts o

f Joi

nt M

anag

emen

t Agr

eem

ent a

re u

nkno

wn.

HO

RIZ

ON

S R

EGIO

NA

L CO

UN

CIL

Ngā

ti R

angi

Dee

d of

Set

tlem

ent

(ini

tial

led

Aug

ust 2

017)

$400

,000

– fo

r es

tabl

ishm

ent c

osts

and

de

velo

pmen

t of t

he c

atch

men

t doc

umen

t Co

-man

agem

ent

arra

ngem

ents

Dev

elop

men

t cos

ts h

ave

been

est

imat

ed a

t $79

0,00

0.54

Ong

oing

cos

ts h

ave

been

est

imat

ed a

t $62

,500

per

ann

um.55

50

This

est

imat

e in

clud

es th

e co

-gov

erna

nce

auth

ority

and

the

stat

utor

y su

bcom

mitt

ee e

stab

lishm

ent c

osts

ove

r a 1

2 to

24-

mon

th p

erio

d. It

pro

vide

s fo

r tw

o W

aika

to R

egio

nal C

ounc

il an

d fiv

e te

rrito

rial a

utho

ritie

s’ m

embe

rs c

osts

on

the

auth

ority

and

one

Wai

kato

Reg

iona

l

Coun

cil a

nd th

ree

terr

itoria

l aut

horit

ies’

mem

bers

cos

ts o

n th

e su

bcom

mitt

ee. T

he F

ram

ewor

k ha

s be

en u

sed

to p

rovi

de th

ese

estim

ates

.

51

This

est

imat

e in

clud

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APPENDIX 3: TREATY SETTLEMENT FUNCTIONS AND ACTIVITIESThe table below is an example of functions and activities undertaken when implementing Treaty settlement

arrangements. It should be noted this is not an exhaustive list of functions and activities.

FUNCTIONS AND ACTIVITIES UNDERTAKEN FOR TREATY SETTLEMENT ARRANGMENTS.FUNCTIONS ACTIVITIES

ESTABLISHING AND IMPLEMENTING CO-GOVERNANCE AUTHORITIES

INTERNAL COUNCIL SUPPORT - ADMINISTRATIVE AND DEMOCRACY SERVICES

Pre-meetings

• Draft and prepare agenda (and previous minutes).

• Draft and prepare procedures and standing orders and related processes (conflict of interest, fees, schedule of meetings, etc).

• Draft and prepare democracy reports (for standing orders and related processes).

• Negotiate, amend and review procedures and standing orders, processes and reports (editing).

• Oversight of technical and other reports (planning, monitoring, etc).

• Negotiate, amend and review of all reports (with staff and/or iwi) (editing).

• Print, distribute and upload documents to website (or postage)

• Councillor/members’ support.

• Organising and management of councillors/members’ diaries.

• Legal services advice/support.

• Policy guidance/support.

• Draft and prepare Health and Safety plans and registers.

Meetings

• Organise venue (council offices, iwi offices, marae).

• Organise travel for members and catering.

• Organise public notices/communications for meeting.

• Meeting structure and minute taking.

• Undertake miscellaneous tasks for members.

• Legal services in attendance (if applicable).

• Policy in attendance (if applicable).

• Technical support in attendance (if applicable).

• External consultants in attendance (if applicable).

Post meetings

• Draft minutes and finalise.

• Payment of transport and member fees.

• Collate a hearing commissioners register.

• Change and update standing orders and related process documents.

• Set up and implement processes.

• Councillor/members’ support and education of processes, requirements and obligations.

• Miscellaneous tasks from councillors/members.

• Technical support (if applicable).

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FUNCTIONS ACTIVITIES

DEVELOPMENT OF PLANS INTERNAL COUNCIL SUPPORT

• Administrative and democratic services.

• Relationship building/fostering.

• Attending meetings/travel.

• Technical support (plan and report writing, presenting at meetings, ongoing support and advice).

• Management support (plan and report writing, presenting at meetings, ongoing support and advice).

• Governance support (plan and report writing, presenting at meetings, ongoing support and advice).

• Consultation with iwi and/or public/industry/partners/stakeholders.

Specialist services

• Scientific contributions – plan advice and support.

• Legal contributions - oversight and drafting.

• Iwi/Māori – advice, support and education.

• Policy contributions – plan advice and drafting.

• Resource use contributions – plan advice and drafting.

• Maps/GIS – advice and data production and supply.

• Finance – budget support.

• Governance/councillor support.

• Communications – communications protocol and media releases.

EXTERNAL SUPPORT

Specialist services

• Planning, policy, legal, resource management and cultural advice.

• Legal advice – process for incorporation (if applicable).

IMPLEMENTATION OF PLANS INTERNAL COUNCIL SUPPORT

• Administrative and democratic support.

• Relationship enhancing/maintaining.

• Attending meetings/travel.

• Technical support (report writing, presenting at meetings, ongoing support and advice).

• Management support (report writing, presenting at meetings, ongoing support and advice).

• Governance support (report writing, presenting at meetings, ongoing support and advice).

• Consultation with iwi and/or public/industry/partners/stakeholders.

• Incorporation of plan – new policies and processes.

Specialist services

• Scientific contributions – co-management and co-governance meetings, and provision of specific advice on sites and projects, ongoing advice and support.

• Legal contributions – review changes to documents, provide assistance to council and governance members, report writing and ongoing advice and support.

• Iwi/Māori – supporting implementation of the co-governance plan, including reporting, meetings, and follow up actions, presentations, reviews, advice and education.

• Policy contributions – ongoing policy advice, assistance and support for the co-governance plan and RMA planning documents.

• Resource use contributions – staff training, development of guidance/training materials, updating consent procedures, preparation for meetings and transactional costs arising from increased iwi engagement advice and drafting.

• Maps/GIS – advice and data production and supply.

• Finance – budget support.

• Governance/councillor support.

• Communications and human resources – ongoing training and updating staff on new arrangements and processes.

• Planning, policy, legal, resource management and cultural – iwi/Māori.

EXTERNAL SUPPORT

Specialist services

Planning, policy, legal, resource management and cultural advice.

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30 Te Oneroa-a-Tōhē / Ninety Mile Beach.

APPENDIX 4: CROWN POLICYThe Crown policy refers to the following three documents:

• “Crown contributions to costs of local authorities and iwi arising from Treaty settlements” 2013.

• “Crown contribution to costs for local government and iwi arising from new natural resource

arrangements” – October 2011.

• “Involving Iwi in Natural Resource Management through Historical Treaty of Waitangi Settlements” –

October 2010.

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CROWN CONTRIBUTIONS TO COSTS OF LOCAL AUTHORITIES AND IWI ARISING FROM TREATY SETTLEMENTS April 2013

Note; this sheet supplements information in the sheet titled Crown contribution to costs for Local Government and Iwi arising from new natural resource arrangements dated October 2011.

How are Crown contributions worked out?

The level of contribution is at the discretion of Cabinet and is assessed on its own merits, taking into account a range of factors.

What factors are taken into account?

Some of the factors likely to be taken into account include:

a. the complexity of arrangements included in the settlement

b. the capacity of the local authority to implement the arrangement

c. the capacity of the iwi to implement the arrangement

d. the extent of current Crown assistance to the local authority

e. the level of existing commitments by the local authority for involving iwi in natural resource management

f. the potential for efficiencies arising from the arrangement

What input can local authorities or iwi have in the process?

In order to provide good advice to Cabinet, officials need to have information about the scale and nature of costs likely to be incurred by local authorities and iwi arising from the arrangement. Officials will discuss with local authorities and iwi their estimates of costs before decisions by Cabinet about the Crown contribution.

When will this information be sought?

Negotiation teams will involve affected local authorities from an early stage in the development of natural resource management arrangements. The Crown is committed to minimising costs for the affected parties. Once the final form of an arrangement has been agreed by the Crown and iwi, officials will seek input from local authorities and iwi about their likely costs. This is likely to occur towards the end of negotiations.

What costs might be considered for a contribution?

These include;

a. one-off set up costs for new arrangements (e.g. staff costs for setting up a new joint committee or joint management agreement, development of standing orders)

b. the costs of preparing a new plan (not identified in long-term plan) and consequential changes to other plans (the expected timing of consequential changes will be specified and taken into account when assessing costs)

c. ongoing costs for a transitional period up to a maximum of three years (e.g. for administration, technical support etc)

Do councils and iwi have to make applications for contributions?

No. Cabinet will consider the scale of Crown contributions as a matter of course.

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Crown contribution to costs for Local Government and Iwi arising from new natural resource arrangements – October 2011

NB: to be read together with the handout Involving Iwi in Natural Resource Management Through Historical Treaty of Waitangi Settlements (October 2010).

Background

In 2010 Cabinet agreed to guidelines for involving iwi in natural resource management in the settlement of historical Treaty of Waitangi claims. The guidelines identify two standard arrangements (a Māori advisory board or a joint committee). Cabinet recognises these new arrangements may present some added costs for iwi and local government1 and has agreed to an approach for determining what contribution the Crown will make, if any, to such costs.

Main elements of Cabinet decisions

The Crown contribution, if any, for each case will be assessed on its own merits.

The intention is to provide a modest, one-off Crown contribution towards set up costs to local government and iwi and ongoing costs up to a maximum of three years. The contribution will help set up new arrangements, the costs of preparing new plans (including the costs of any consequential amendments to other plans) that are not provided for in a council‟s long-term plan and not part of requirements at the national level.

Negotiations, and the resulting arrangements, including compliance and transaction costs, should aim to minimise costs to local government, iwi and the Crown.

The decisions only apply to new arrangements developed as part of an historical Treaty settlement, or in parallel to one, which are not part of a council‟s long-term plan and not a requirement at the national level. Situations where this might apply include arrangements dealing with specific natural resource management issues.

A Crown contribution is not appropriate over the longer-term as arrangements should be „normalised‟ by the council and embedded into budget and planning processes to become part of business as usual. A Crown contribution recognises the added costs incurred during the transitional period as new arrangements are developed and implemented.

Local government is expected to meet its own costs of: participating in negotiations; the ongoing administrative costs of the new arrangements; and attendance fees for advisory boards or joint committees in a manner consistent with a council‟s policy on payment of such fees. Similarly, iwi are expected to meet their own costs of participating, and in developing iwi management plans, if no other funding is provided.

This approach provides a clear framework to consider costs but also allows for some flexibility to respond to different circumstances and the nature of particular arrangements. In applying this approach, an expectation is that any Crown contribution should not unduly “reward” those local authorities with the weakest past arrangements for involving iwi.

1. Local government refers to a regional council, territorial authority (city and district councils), or a unitary authority.

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Crown contribution to costs for Local Government and Iwi arising from new natural resource arrangements – October 2011

NB: to be read together with the handout Involving Iwi in Natural Resource Management Through Historical Treaty of Waitangi Settlements (October 2010).

Background

In 2010 Cabinet agreed to guidelines for involving iwi in natural resource management in the settlement of historical Treaty of Waitangi claims. The guidelines identify two standard arrangements (a Māori advisory board or a joint committee). Cabinet recognises these new arrangements may present some added costs for iwi and local government1 and has agreed to an approach for determining what contribution the Crown will make, if any, to such costs.


The Crown contribution, if any, for each case will be assessed on its own merits.

The intention is to provide a modest, one-off Crown contribution towards set up costs to local government and iwi and ongoing costs up to a maximum of three years. The contribution will help set up new arrangements, the costs of preparing new plans (including the costs of any consequential amendments to other plans) that are not provided for in a council‟s long-term plan and not part of requirements at the national level.

Negotiations, and the resulting arrangements, including compliance and transaction costs, should aim to minimise costs to local government, iwi and the Crown.

The decisions only apply to new arrangements developed as part of an historical Treaty settlement, or in parallel to one, which are not part of a council‟s long-term plan and not a requirement at the national level. Situations where this might apply include arrangements dealing with specific natural resource management issues.

A Crown contribution is not appropriate over the longer-term as arrangements should be „normalised‟ by the council and embedded into budget and planning processes to become part of business as usual. A Crown contribution recognises the added costs incurred during the transitional period as new arrangements are developed and implemented.

Local government is expected to meet its own costs of: participating in negotiations; the ongoing administrative costs of the new arrangements; and attendance fees for advisory boards or joint committees in a manner consistent with a council‟s policy on payment of such fees. Similarly, iwi are expected to meet their own costs of participating, and in developing iwi management plans, if no other funding is provided.

This approach provides a clear framework to consider costs but also allows for some flexibility to respond to different circumstances and the nature of particular arrangements. In applying this approach, an expectation is that any Crown contribution should not unduly “reward” those local authorities with the weakest past arrangements for involving iwi.

1. Local government refers to a regional council, territorial authority (city and district councils), or a unitary authority.

INVOLVING IWI IN NATURAL RESOURCE MANAGEMENT THROUGH HISTORICAL TREATY OF WAITANGI SETTLEMENTS

October 2010

Cabinet proposals

The Government has been working on an approach for fairly and consistently looking at the claims of iwi in historical Treaty negotiations for more effective involvement in natural resource management.

Background

The Government recognises the profound cultural relationships iwi have with awa, maunga and whenua from which they hail.

The Government recognises many iwi wish to have greater participation in natural resource management, given the historical associations of iwi with natural resources.

Local government has been devolved responsibility for natural resource management under the Resource Management Act 1991 and for making decisions on how iwi will be involved in such management under the Local Government Act 2002. Often iwi have not been satisfied with how this has been implemented. Therefore, there has been a greater desire for iwi to seek stronger decision-making roles through historical Treaty of Waitangi settlements.

Cabinet has recently made decisions to provide more certainty about what redress might be available in historical Treaty of Waitangi negotiations to involve iwi in natural resource management. The Government’s approach balances needs to achieve enduring settlements, protect local democracy and ensure effective natural resource management.


1 Matters to be considered when developing an arrangement to involve iwi in natural resource management

A number of matters will be considered in all negotiations when natural resource matters are raised to guide consideration of how best to involve iwi in natural resource management. These include:

strength and nature of association of iwi to resource nature of grievance in relation to resource how many iwi are involved or have interests in the resource nature and state of the resource nature and extent of public and private interests in the resource aspirations of Crown and iwi in relation to the resource the need for a well-designed institution durability of any arrangement

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Any arrangement for involving iwi should:

provide an effective role for iwi in natural resource management lead to good environmental, economic, social and cultural outcomes for iwi

and other New Zealanders address issues giving rise to the claim but not create new injustices be well-designed, simple, transparent and affordable; and result in durable settlement of the claim

2 Two standard arrangements

Two standard arrangements can be negotiated (if shown to be appropriate after consideration of the matters above and agreed by Cabinet):

- an advisory board where the council must have regard to the advice

- a joint committee with direct input into the development of regional policy statements and regional plans under the RMA. (The recommendations of the joint committee will be subject to usual council planning processes.}

3 Non-standard arrangements

An arrangement outside the standard models can be considered if an assessment of the matters above show this is appropriate but this must be agreed by Cabinet before being offered as part of a settlement.

4 Final decision making

Local authorities should retain final decision making rights over natural resource management to maintain local democracy.

5 Involvement of local authorities in negotiations

Local authorities must be engaged from an early stage. Preferably, councils should agree to proposed arrangements before they are finalised.

6 Arrangements can be made permanent (but flexible to change over time by mutual agreement)

Settlement legislation may provide for the involvement of iwi in natural resource management. But arrangements should be able to change over time by mutual agreement.

Implementing the Cabinet decisions

The new approach reflects the sorts of considerations that have been applied in recent negotiations (and considered by Cabinet). These will continue to underpin negotiations. The new approach will make these matters more transparent and identify some bottom lines in the design of arrangements.

The Government encourages claimant groups to continue to raise any relevant issues in their negotiations with the Crown when redress concerning natural resource management is being discussed.

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Any arrangement for involving iwi should:

provide an effective role for iwi in natural resource management lead to good environmental, economic, social and cultural outcomes for iwi

and other New Zealanders address issues giving rise to the claim but not create new injustices be well-designed, simple, transparent and affordable; and result in durable settlement of the claim

2 Two standard arrangements

Two standard arrangements can be negotiated (if shown to be appropriate after consideration of the matters above and agreed by Cabinet):

- an advisory board where the council must have regard to the advice

- a joint committee with direct input into the development of regional policy statements and regional plans under the RMA. (The recommendations of the joint committee will be subject to usual council planning processes.}

3 Non-standard arrangements

An arrangement outside the standard models can be considered if an assessment of the matters above show this is appropriate but this must be agreed by Cabinet before being offered as part of a settlement.

4 Final decision making

Local authorities should retain final decision making rights over natural resource management to maintain local democracy.

5 Involvement of local authorities in negotiations

Local authorities must be engaged from an early stage. Preferably, councils should agree to proposed arrangements before they are finalised.

6 Arrangements can be made permanent (but flexible to change over time by mutual agreement)

Settlement legislation may provide for the involvement of iwi in natural resource management. But arrangements should be able to change over time by mutual agreement.

Implementing the Cabinet decisions

The new approach reflects the sorts of considerations that have been applied in recent negotiations (and considered by Cabinet). These will continue to underpin negotiations. The new approach will make these matters more transparent and identify some bottom lines in the design of arrangements.

The Government encourages claimant groups to continue to raise any relevant issues in their negotiations with the Crown when redress concerning natural resource management is being discussed.

COMPARISON OF THE CROWN’S AND THE PARTICIPATING COUNCILS’ FACTORS FOR CONSIDERATION FOR FINANCIAL CONTRIBUTION BY THE CROWN The table below provides a breakdown of the elements and key factors outlined in the Crown Policy dated April

2013 with consideration of the 2011 and 2010 policies.

CURRENT FACTORSTAKEN INTO ACCOUNT BY CROWN

NEW/ADDITIONAL FACTORS WHEN DETERMINING FUNDING ARRANGEMENTS

1. THE COMPLEXITY OF ARRANGEMENTS INCLUDED IN THE SETTLEMENT

• Strength and nature of association of iwi to resource.

• Nature of grievance in relation to resource.

• How many iwi are involved or have interests in the resource.

• Nature and state of the resource.

• Nature and extent of public and private interests in the resource.

• Aspirations of Crown and iwi in relation to the resource.

• The need for a well-designed institution.

• Durability of any arrangement.

• Is there one or are multiple iwi involved in this settlement and arrangement?

• How original is this arrangement?

• How big are the catchments or areas concerned?

• Are there contentious issues related to this arrangement?

• Is a co-governance entity being established, and how independent from council is the entity?

• Is a subcommittee/s being established under the co-governance entity?

• What level of involvement will council staff have in establishing and maintaining these entities?

• Will new members be added over time?

• What form of co-management is required?

• What type of plan(s) will be developed? (Large vs small scale).

• What weighting or status will this plan have for local authorities?

• How will the plan be incorporated into council’s current plans? (Discretionary vs mandatory inclusion of a co-governance authority’s plan into a RMA planning document).

• What process will this plan need to go through? Is public consultation by iwi and/or council required?

- Is a plan change or plan review required to be undertaken by council?

- If no plan change or plan review required, when will the co-governance’s plan take effect and how?

• What level of involvement (technical – policy, legal and administrative) is required from councils to assist in drafting the plan?

• Integration of tikanga, te reo and mātauranga Māori requires adjustment to normal council ways of running meetings. Will councils require cultural upskilling?

• Is a joint management agreement being considered?

• Are hearing commissioners required?

• Will iwi require capacity building around RMA and natural resource management? If so is council expected to undertake this role in training/upskilling iwi, including payment of it?

• What is the current relationship between council and iwi like (collaborative vs non-existent)?

2. THE CAPACITY OF LOCAL AUTHORITY TO IMPLEMENT THE ARRANGEMENT

• Is the new arrangement included in the current long term plan or annual plan?

• If not, when is the next long term plan or annual plan due date?

• RMA planning documents: What is the council’s planning round and how far away is a review or plan change for this catchment or area?

• What competing priorities are present for council?

• Do council staff have capability and capacity to undertake the roles within the arrangement?

- If not, is additional resource or expertise required to undertake the roles within the arrangements (technical, legal, policy, administrative)?

- If not, what external assistance is required by councils to ensure the arrangements become operational (legal, policy and/or other technical work)?

• What availability/capacity do current councillors have to participate in new co-governance entity commitments?

• What expertise do current councillors have to participate in new co-governance entity commitments?

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3. THE CAPACITY OF IWI TO PARTICIPATE AND CONTRIBUTE EQUALLY TO IMPLEMENTING TREATY MECHANISMS

• Will iwi require capacity and capability building around RMA and natural resource management? If so is council expected to undertake this role in training/upskilling iwi, and/or including payment of it?

• What assistance is required from councils to ensure the arrangements become operational (legal, policy and/or other technical work)?

• Iwi planning documents - what plans are currently in place for this iwi/hapu?

• What competing priorities are present for iwi?

• What availability/capacity do current iwi/board members have to participate in new co-governance entity commitments?

• What expertise do current iwi/board members have to participate in new co-governance entity commitments?

4. THE EXTENT OF CURRENT CROWN ASSISTANCE TO THE LOCAL AUTHORITY

• What has the Crown contributed to so far for this settlement?

• Have reviews been made available to councils of existing treaty settlement arrangements?

• Does the Post Settlement Commitments Unit provide any guidance or assistance currently? If not, could it in the future?

• What past financial contributions have been paid for arrangements involving this iwi?

• Will the Office of Treaty Settlements and Ministry for the Environment (and other agencies) be providing ongoing support?

5. THE LEVEL OF EXISTING COMMITMENTS BY THE LOCAL AUTHORITY FOR INVOLVING IWI IN NATURAL RESOURCE MANAGEMENT

• What existing Treaty settlement arrangements are in place for this catchment?

• How many council entities currently exist in the area/catchment that include iwi (with Department of Conservation, Department of Internal Affairs, Ministry for the Environment, etc.)?

• What existing joint management agreements, memorandum of understandings, partnership agreements or other such arrangements are in place between council and iwi in this area (separate to Treaty settlement, i.e., RMA, LGA based)?

• o If there are such entities - what are their purposes, roles and functions?

• What catchment plans or other plans does the council have in place for this area/natural resource (including existing priorities)?

• Are amalgamations of any committees being considered under the new settlement legislation (whether known at the time of settlement or not)?

• Does the council have relationships with the iwi authorities currently?

6. THE POTENTIAL FOR EFFICIENCIES ARISING FROM THE ARRANGEMENT

• Can one or more iwi work together?

• Can one or more councils work together?

• Can sharing of information and processes be utilised?

• Can some existing entities merge or close down (if purpose achieved)?

• Will peer reviews and/or other reviews of arrangements be undertaken?

7. OFFICIALS NEED TO HAVE INFORMATION ABOUT THE SCALE AND NATURE OF COSTS LIKELY TO BE INCURRED BY LOCAL AUTHORITIES (AND IWI) THEIR ESTIMATES OF COSTS BEFORE DECISIONS BY CABINET ARE MADE

• See row 9 below for a breakdown of costs for local authorities.

• Iwi costs are not considered in this report.

8. WHEN WILL THIS INFORMATION BE SOUGHT?

• Crown - as early as possible from all councils.

• Councils to be provided with all information - including overlaps with councils to obtain the full extent of new arrangements.

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9. TYPE OF COSTS CONSIDERED

• One-off set up costs for new arrangements

• The costs of preparing a new plan (not identified in long term plan and consequential changes to other plans (expected timing of consequential changes will be specified and taken into account when assessing costs)

• Ongoing costs for a transitional period up to a maximum of three years (e.g. for administration, technical support, etc.)

See Appendix 3

An example of some functions and activities undertaken when implementing Treaty settlement arrangements.

See the Framework for where costs are incurred.

10. THE CROWN CONSIDER SCALE OF COSTS

• Discussion with local authorities to obtain their estimates of costs before decisions by Cabinet on the contribution is made

• Utilise the new Framework to capture costs.

• Earlier input by local authorities to the Crown.

• Councils being privy to entire settlement deal for holistic management of catchment or catchments.

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APPENDIX 5: DISCOUNT TABLEDISCOUNT TABLE SHOWING HOW THE DISCOUNT IS APPLIED UNDER THE FRAMEWORK

DISCOUNT TABLE

YEARS DISCOUNT

NEW 0%

Earlier by 1 year 80%

Earlier by 2 years 60%



BAU 100%

Whanganui River

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ACKNOWLEDGEMENTS

This report has been prepared by the following seven councils in conjunction with Local Government New Zealand.

NORTHLAND REGIONAL COUNCIL

AUCKLAND COUNCIL

WAIKATO REGIONAL COUNCIL

HAWKE’S BAY REGIONAL COUNCIL

BAY OF PLENTY REGIONAL COUNCIL

GISBORNE DISTRICT COUNCIL

HORIZONS REGIONAL COUNCIL of 170



Report From: Fiona McTavish, General Manager, Strategy & Science

General Manager Strategy and Science Update

Executive Summary

The purpose of this report is to update the Komiti on matters of interest. The report includes the following:

Post meeting actions

Tangata whenua presentations

Regional Growth Strategy Actions

Formal Lodgement of Te Whānau a Harawaka Hapū Management Plan

Toi Moana funding updates

Submission on Whakatāne District Council Māori Seats

Toi Moana Summer Student Interns

Community Engagement update

Recommendations


1 Receives the report, General Manager Strategy and Science Update;

2 Receives the presentation and report, Formal Lodgement of Te Harawaka Hapū Management Plan 2017;

3 Formally receives Te Harawaka Hapū Management Plan 2017.

1 Post Meeting Actions from previous Komiti Māori hui held on 10 October 2017 at Waiteti Marae, Ngongotahā, Rotorua

Attached in the appendix is a table outlining actions from the last Komiti Māori hui. There were several key actions which have been addressed by relevant staff.

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2 Ōmaio Marae

Ōmaio Marae is the home to Te Whānau a Nuku, a hapū of Te Whānau a Apanui. The Marae is located at Ōmaio on Ōmaio Pa Road (off SH 35). The wharenui is called Rongomaihuatahi. The Marae connects ancestrally to Mataatua waka and the maunga Rangipoua and also associated to the Haparapara River and Rerepa Stream.

This is the second meeting we have had the opportunity to bring to Ōmaio, the last meeting was October 2015. This will be the third Komiti Māori hui held up the East Coast with the first one held at Whangaparoa at Kauaetangohia Marae in August 2012.

2.1 Presentations

Omaio 43 SecNo5 Broadband and Strategic Plan - Marcia and Pudd (Wikaire Trust);

Omaio 5 Year Training Strategy - Ana Morrison and Amanda Torr;

Omaio Governance and Leadership Development – Chris Karamea Insley;

Omaio Hispeed Broadband Strategy - Mark Simpson (Evolution Networks);

Omaio Land Development Project - Chris Karamea Insley (Te Rah Aroha Trust).

2.2 Presentations - Mr Chris Karamea Insley

Mr Insley was born and raised in the eastern Bay of Plenty community of Omaio with whakapapa connections into Te Whanau a Apanui, Te Whakatohea and Ngati Porou iwi.

A commerce graduate from Massey and Lincoln Universities, the University of Waikato’s MBA program and, is a graduate of Harvard Business School’s Executive development program. He is also doing a doctorate on leadership in sustainable development and is an Independent Environment Commissioner.

He is a seasoned board director with experience on a range of public, private, Maori and not for profit boards and Trusts with years of experience in management and leadership roles in plantation forestry, farming, fishing, renewable energy sectors, and Maori economic development.

Finally, he has intimate knowledge and understanding of international and domestic climate change policy development where he has been advisor to Iwi on policy development for a number of years now. Climate-change and water are inextricable connected and so too must any policy response be connected to effectively address these tectonic challenges facing our community, regional and national economies.

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3 Regional Growth Strategy Actions

As part of the Regional Growth Study a new project has been identified to progress a strategic water study. The purpose was to identify opportunities and barriers to economic growth – leveraging our water resources, with the following deliverables:

1. Biophysical characteristics for BOP (current land use, suitability for different crops/land uses based on climate, soil type, etc. and projected change due to climate change, current irrigated land).

2. Current demand and future demand (land and water):

a. Review of existing growth projections (e.g. SmartGrowth, Regional Growth Study, industry projections, etc.)

b. Carry out constraint mapping/identification and identify areas where additional production could occur. (Reference Northland and Pukekohe work). This will involve workshops with local growers / farmers to ensure ‘buy-in’.

c. A key area of opportunity identified for Bay of Plenty was Māori land utilisation. Need to work with Te Tumu Paeroa, Te Puni Kokiri and RGS Workstream lead (Māori Land Utilisation) to identify best way to gather constraints information and future demand.

d. Industry agreed to help identify local representatives and facilitate local discussion.

e. Can we map major land owner initiatives (e.g. CNI Iwi Land Mgmt initiatives)?

3. Opportunities and barriers:

a. including water user groups, reliability of allocation, efficiency of allocation, setting of limits, priority of allocation;

b. reviewed other existing schemes to capture lessons learnt.

4. Initial high level scan on the commercial opportunities and constraints

a. To land use expansion and change.

b. To financing potential infrastructure projects.

The Irrigation acceleration fund (administered by MPI) agreed to provide $50,000 funding, with BOPRC funding $50,000. The funding will enable a consultant to produce this strategic water study. In line with our procurement process, an open Request for Proposal (RFP) process was run and six submissions received. We scored submissions based on the RFP responses and chose Aqualinc as the preferred vendor. Contractual documents are in the process of being finalised.

This work will be aligned to the NPSFM limit-setting process, by using the outputs of this project to feed into management option scenario work (PC12: Rangitāiki and Kaituna WMA’s).

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4 Formal Lodgement of Te Whānau a Harawaka Hapū Management Plan

Komiti Māori under its delegated authority has the mandate to formally receive hapū/iwi resource management plans. These plans are developed and approved by hapū/iwi and identify tangata whenua interests in resource management which can inform Council decision-making. The Resource Management Act 1991 (RMA) require Councils to take into account any relevant planning document lodged and recognised by an iwi authority.

Hapū/iwi resource management plans provide a mechanism in which tangata whenua interests can be considered in Council decision-making. Certain provisions of the Resource Management Act 1991 (RMA) require Councils to take into account any relevant planning document lodged and recognised by an iwi authority. The development of hapū/iwi management plans is supported in Councils Long Term Plan.

At this meeting, the Te Whānau a Harāwaka Hapū Management Plan 2017 will be formally lodged and received by Komiti Māori. This plan will provide clarity of the values and interest of the hapū and will be very useful for Council to have guidance around resource management in the Hāwai area. The Regional Council provided funding for the development of this plan.

5 Toi Moana funding updates

5.1 Iwi Management Plans

The development of hapū and iwi resource management plans (HIRMP) are supported in the Ten Year Plan to help build the capacity of Māori within the Bay of Plenty. An annual fund of $70,000 is allocated for HIRMPs. Funding is fully utilised through the financial years. The plans inform Council decision-making and assist our work. Primary users within Council include staff in Māori Policy, Consents and Planning to identify tangata whenua areas of interest, resource management issues and preferred methods of engagement. Under the Resource Management Act (2001), staff must take into account the content of iwi resource management plans.

In brief the status of HIRMPs are:

Completed plans Under

development On Hold

Expressions of Interest

29 3 3 2

Formal Lodgement of Edition 2: Matakana and Rangiwāea Hapū Management Plan March 2017 was presented to Komiti Māori in Whakatāne on Tuesday, 20 June 2017.

Formal Lodgement of Pirirakau Hapu Management Plan 2017 was presented at Opureora Marae, Opureora Road, Matakana Island on Wednesday, 23 August 2017.

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5.2 He Toka Tumoana

Following the passing of Councillor Awanuiarangi Black in December 2016, staff were asked to consider options to commemorate his legacy. Council approved $10,000 to enable the introduction of two $5,000 environmental scholarships, referred to as He Toka Tumoana to promote, develop and provide for the education and advancement of tertiary students.

The main purpose of the Fund is to assist students by providing financial support for education, activities, research and/or projects.

5.2.1 Assessment Criteria

He Toka Tumoana would focus on study, training or research of an environmental nature that aligns with the regions’ community outcomes, particularly environmental protection, water quality and quantity or regional collaboration and leadership.

Kaupapa/topics that focus on improving or maintaining environmental integrity or research that enhances environmental knowledge (including Mātauranga Māori) within the Bay of Plenty region will be eligible.

5.2.2 Key dates

30 November 2017 – Fund Opens

1 March 2018 – Submit the application form

March-April 2018 – 2 successful candidates selected and announced at Komiti Maori hui

May-June 2108 – Financial invoicing processed

July-September 2018 – Attendance of successful applicants to Komiti Maori

*Funding may be applied for Semester 2 study, depending on applications.

More information and the application form can be found on Bay of Plenty Regional Council website at www.boprc.govt.nz and attached in the appendix.

5.3 Te Hāpai Ora – Regional Community Outcomes Fund

Te Hāpai Ora – Regional Community Outcomes Fund (formerly Corporate Sponsorship Fund) has an annual Sponsorship Fund of $31,000 which is administered by the Group Manager Strategy. This fund is a positive way for Council to contribute to community initiatives that contribute to our regional community outcomes. Details of the fund for the 2016/17 year are as follows:

23 applications received since 1 July 2016

21 applications approved

2 applications declined

100% of the fund allocated for 2016/17

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http://www.boprc.govt.nz/


6

Current 205/2016 Financial Year 2016/2017 Financial Year

Regional Community Outcomes

19%

43%

24%

9%

5%

Environmental Protection

Ecomonic Development

Regional Collaboration &Leadership

Water Quality and Quantity

Resilience and Safety

Distribution of successful application’s community outcomes alignment across the region

Distribution of funding across the region

Mauao 42%

Okurei 11%

Kohi 47%

Mauao 33%

Okurei 24%

Kohi 43%

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6 Submission on Whakatāne District Council Māori Seats

Whakatāne District Council is considering the introduction of Māori wards for the 2019 local election. Submissions were invited from iwi, hapū and community members as part of a preliminary review. Those submissions are currently being considered by Whakatāne District Council, the outcome of which (expected by 23 November), will determine whether it proceeds to a comprehensive representation review. A further opportunity for submission is also expected as part of any comprehensive review. Further information is available via the Whakatāne District Council website.

6.1 Kotahitanga Summer Internship Programme

Aroha Leighton Harry Carlson Arthur Flintoff Rangipare Ngaropo

Through the Long Term Plan, the Kotahitanga summer student programme was retained. Student interns are studying or plan to commence studying towards Maori policy, planning or Community Engagement/event qualifications.

An additional student was added to the Māori Policy unit, boosting the support of summer students from three to four for the 2017/2018 year. The four students for Community Engagement - Aroha Leighton (Kohi); Māori Policy - Rangipare Ngaropo (Kōhī), Harry Carlson (Ōkurei) and Arthur Flintoff (Mauao).

The Community Engagement student will be involved with various youth and community workshops, events, projects and engagements.

Each Māori Policy student will assist with work across the region. Some of the opportunities for knowledge and experience will include:

Maori communications and engagement

Policy and planning

Iwi resource management plans

Treaty of Waitangi

Fresh water management

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6.2 Community Engagement Update

Many of the Community Engagement team’s projects support kaupapa Māori. Some recent highlights include:

6.2.1 Hands on Water Expo

The Hands on Water Expo (8-9 November) brought together students from 22 schools to learn practical skills to care for their waterways as part of the wider Water Programme. This event is delivered in partnership with other local authorities and community organisations. Two activities were delivered in Te Reo Māori to the kura kaupapa that attended including Te Kura Toitu O Te Whaiti Nui a Toi, Te Mahoe and Murupara Area School. Last year we recognised a gap in terms of matauranga Māori and added a korero based activity that explores Maori perspectives and values on water in either Māori or English.

6.2.2 Environmental Enhancement Fund

Four Environmental Enhancement Fund applications have already been approved for 2017/18. This includes two marae based projects focused on improving water quality, reducing erosion and removal of weeds and regeneration of native plantings. The other two projects focus on innovative sustainability actions and pest control. There are a further two pending applications which are both kaupapa Māori based projects focusing on inanga habitat as well as native planting.

6.2.3 Green Gold Enviroschools

We currently have one school (Te Ranga) and two early learning centres (Tiaki and Katikati Kindergarten) across the region preparing to reflect at Green Gold level as Enviroschools. This is the highest recognition in the programme for sustainability in their teaching and learning, organisational practices and community outreach. Māori Perspectives is an integral component of the programme and is woven through all he resources. They are leading their communities in the sustainability space and demonstrating fantastic commitment to papatuanuku and the concepts of kaitiakitanga.

6.2.4 Tauranga Harbour Community Event

Plans are underway for an event to celebrate the Tauranga Harbour with the community on Saturday 3 March 2018. This event supports the Tauranga Moana Programme Community Outcome: Local communities have easy access to information about the harbour and catchment values and issues, and are actively supported to care for values that are important to them. We aim to involve new audiences (Families within the catchment) in hands-on investigations of Tauranga Harbour health (focusing on coastal environment) and to highlight work underway in the Tauranga Harbour to address key issues identified by the community (sea lettuce, sediment and pollution) plus coastal hazards, biodiversity and biosecurity. Once a venue is confirmed we will seek to involve Tangata Whenua, and already have relationships with a partner organisation to deliver a cultural health focused activity. We welcome suggestions from Komiti Māori to enhance this event.

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7.1 Community Outcomes

This project/proposal directly contributes to the Regional Community Outcome/s in the council’s Long Term Plan 2015-2025.


This work is planned under Environmental Protection in the Long Term Plan 2015-2025.

Current budget

Māori Policy activities noted in this report are provided for through the Māori Policy budget. Funding for iwi/hapu management plans are within the Māori Policy activity budget.


Future sponsorship is provided for in Council’s Long Term Plan 2015-2025. Kataraina O'Brien Strategic Engagement Manager for General Manager, Strategy & Science


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APPENDIX 1

Komiti Maori Actions for 12 December 2017

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Komiti Māori Action Table Bay of Plenty Regional Council

Bay of Plenty Regional Council Komiti Māori – Post Meeting Actions for 10 October 2017 ACTIONS FROM KOMITI MĀORI HELD ON 10 October 2017

No Issue or report item Raised by Action Referred to Date referred and due by Progress/Comments

1. Concerns of current state of environmental issues to the Waitetī Streams and surrounding areas

Guy Ngatai ‐Ngāti Ngararanui

BOPRC support Ngāti Ngararanui in the development of a Ngāti Ngararanui Hapū Management Plan.

Māori Policy ASAP In progress.

2. Te Komiro o Te Utuhina Cr Thurston Commission Toi Moana‐BOPRC staff to write an urgent status report on all the local urban streams flowing into Lake Rotorua

Monitoring/Science Regional Council Delivery and Direction Committee meeting ‐ 30 November 2017

In progress

3. Te Komiro o Te Utuhina Fiona McTavish

Work with Te Komiro o Te Utuhina on an Environmental Enhancement Fund planting project.

Community Engagement

12 December 2017 In progress

4. Concerns around water quality of Ngongotahā Stream

Henry Colbert (Ngāti Tura Ngāti Te Ngākau)

Provide an update report to address issues and concerns

Consents/Science 12 December 2017 In progress.

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ACTIONS FROM KOMITI MĀORI HELD ON 23 August 2017No Issue or report item Raised by Action Referred to Date referred and due by Progress/

Comments

1.

Convene a hui/kōrero with relevant hapū/iwi to consider options to pull or combine RMA technical/cultural expertise in Tauranga Moana.

Cr McDonald Māori Policy staff to discuss specifics with Cr McDonald prior to meeting with hapū/iwi. Cr McDonald be invited to hui with hapū/iwi.

Clarke Koopu, Nathan Capper, supported by Reuben Gardiner.

Provide a progress report on discussions with hapū/iwi an potential options to report to the December 2017 Komiti Māori hui.

In progress. There have been early discussions with Tauranga Hapū and Iwi through the RMA training sessions. There are challenges and opportunities that have been raised. These are yet to be further discussed and socialised.

2.

Liaise/advise Pirirakau (Julie and Rawiri) about matters to be included in a submission to the LTP for the acquisition of Tahataharoa.

Cr McDonald Staff to meet with Pirirakau and provide any relevant research or background information or reports to support their submission. Prepare a report for a future Komiti Māori hui.

Clarke Koopu, Nathan Capper and Reuben Gardiner supported by Sara Omundsen and Pim deMonchy.

MP to convene hui with relevant staff and arrange to meeting with Pirirakau. MP staff to prepare a report for Komiti Māori.

In Progress. Informal discussion have been made with Pirirakau reps. The Tauranga Catchments Manager is fully aware of the intent. The BOPRC staff have raised this in the past. Further discussion to be had with TCC and what they could contribute. There are some challenges in this as this has been submitted in the LTP with out success. However there is continued strong support by staff for the purchase of Tahataharoa.

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3. Monitoring of Ecological, cultural and social effects on Hunters Creek

Cr Marr Ensure focused monitoring is undertaken and that the conditions noted from the Navigation Safety Bylaws hearing decision, are implemented.

Maritime team. ASAP Progress report to the February‐March 2018 Komiti Māori hui.

Bay of Plenty Regional Council Komiti Māori – Post Meeting Actions for 20 June 2017 ACTIONS FROM KOMITI MĀORI HELD ON 20 JUNE

No Issue or report item Raised by Action Referred to Date referred and due by

Progress/ Comments

1 Māori Participation in Council planning processes

Komiti Māori

Requests staff develop tailored engagement/consultation plans to encourage effective Māori participation.


Requests that staff include a Māori implications section when drafting reports for Council committees.


Endorses the development of Regional Council Engagement Strategy or Statement based on high level principles of engagement/consultation with Māori.


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APPENDIX 2

He Toka Tumoana scholarship poster

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The scholarship is available to students who:

• live or have whakapapa within the Bay of Plenty; and

• are enrolled in a course related to environmentalor water management, planning and/ormātauranga Māori.

Toi Moana Bay of Plenty Regional Council has created He Toka Tūmoana Scholarship in memory of the late Councillor Awanuiarangi Black, an avid supporter of environment and restoration projects, research and education.

Applications close 1 March 2018

For more information visit www.boprc.govt.nz/he-toka-tumoana

HE TOKA TŪMOANA SCHOLARSHIP

2 × $5000 Scholarships

available

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